रेल दावा अधिकरण लखनऊ न्यायपीठ RAILWAY CLAIMS TRIBUNAL LUCKNOW BENCH Claim Application No.: OA/II/U/LKO/295/2024 CORAM:

Hon’ble Mr. Sanjeev Aggarwal, Member (J)/RCT/ALD @ LKO Hon’ble Ms. Archana Srivastava, Member (Technical)

Date of Institution: 11.11.2024 Date of Decision: 13.01.2026

1. Rakesh Kumar, aged about 54 yrs. S/O Late Ramnath Sharma

2. Saroj Sharma, aged about 48 yrs. W/O Mr. Rakesh Kumar R/o- Village- Bhinduri, Post & PS- Chaubepur District- Kanpur Nagar (Bihar).

……. APPLICANTs VERSUS Union of India through General Manager, Northern Railway, Baroda House, New Delhi ……. RESPONDENT Appearance: Shri C. P. Singh, Counsel for the applicants Shri A. K. Sinha, Counsel for the respondent.

CLAIM FOR Rs. 20,00,000.00/- (with interest)

JUDGMENT

1. The applicants, Rakesh Kumar and Others have filed this claim application under Section 16 of the Railway Claims Tribunal Act, 1987 against the respondent Railway administration for payment of compensation for the death of their daughter namely Komal Sharma D/o Mr. Rakesh Kumar (hereinafter referred to as “the deceased”), on the ground of their dependency on the deceased, who allegedly died as a result of an untoward incident.

2. It has been averred by the applicants in the claim application that on 24.08.2024, the deceased was travelling by train No. 12469 from Kanpur Central to Jammu Tawi Railway station with a valid reserved sleeper class Railway journey ticket containing PNR No. 2862725060. During the course of journey, she accidentally fell down from train at Pathan Kot Chhawani Railway station resulting in her instantaneous death on the spot on account of severe injuries sustained by her. The alleged journey ticket was recovered from the possession of the deceased and same is in the custody of RPF/GRP Pathan Kot Chhawni Railway station.

3. Notice of the claim application was issued to the respondent who filed reply by way of Written Statement (WS), wherein the respondent contested the claim of the applicants. Apart from denying the allegations made in the claim application, it is contended inter alia that the deceased was not a bonafide passenger of the train. When the train No. 12469, Jammu Tavi was moving from Pathankot station, the deceased tried to board a moving train and misjudged and went in between the train and the platform which is not an untoward incident. Accordingly, this incident was not covered under Sec. 123 (c) (2) read with Sec. 124A of the Railways Act, 1989. Hence, the claim application is liable to be dismissed with costs.

ISSUES

4. On the basis of pleadings of the parties, following issues were framed on

04.03.2025 for adjudication:

i) Whether the deceased was a bonafide passenger of the train in question?

ii) Whether incident of death of the deceased falls under the ambit of an untoward incident as defined u/s 123 (c) (2) read with Section 124A of the Railways Act, 1989?

iii) Whether the applicant is/are the only dependents of the deceased?

iv) To what relief?

5. During the course of enquiry/trial, the applicant No. 1, Rakesh Kumar has filed his own affidavit as AW-1, followed by his cross-examination on 05.08.2025 on behalf of the respondent. The applicants have filed RTI covering letter containing enquiry report of Mr. Mukesh Kumar, SI/RPF/PTKC, report of Untoward Incident (Modified Form No. 1), Form No. 2, photograph of deceased, site map, roznamcha, copy of reserved journey ticket etc. in evidence.

6. The respondent Railway has filed the investigation report of the Divisional Railway Manager (duly approved by ADRM/Northern Railway/Firozpur) containing some documents in evidence.

7. Heard the learned counsel representing the applicants & the respondent and perused carefully the material on record. Our findings on the issues involved are as under:

FINDINGS Issue No. 1

8. The applicants have averred in claim application as well as deposed in the affidavit of AW-1 Rakesh Kumar that the deceased was travelling on 24.08.2024 by train No. 12469 from Kanpur Central to Jammu Taw