BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI CORAM: Shri. Rajeev Jain, Member (J)

RCT/Jaipur Circuit Bench at RCT/Mumbai Ms. Niva Singh, Member (T) RCT, Mumbai Claim Application No: OA (II U) /MCC/0167/2021

1. Smt. Manali Milind Khismatrao Age: 43 years, (Wife of the deceased)

2. Kum. Mrunali Milind Khismatrao.

Age: 21 years, (Daughter of the deceased)

3. Kum. Soham Milind Khismatrao Age: 12 years, (Son of the deceased)

(Applicant No. 2 is mentally handicapped and Applicant No. 3 being minor apply through their next friend i.e. mother natural guardian Applicant No.1)

R/at: Krushna Kunj, C/1, Flat No. 204, Near Ganpati Mandir Road, Titwala (E), Kalyan, Dist. Thane – 421605.

……….APPLICANT(s)

- Versus –

Union of India, Through, The General Manager, Central Railway, CSMT, Mumbai Appearances:

Mr. V. N. More : Advocate for Claimant Ms. Ankita Rele : Advocate for Respondent Date of Institution : 12.07.2021 Date of Judgment : 20.02.2026 By Shri. Rajeev Jain, Member (J) RCT/Jaipur Circuit Bench at RCT/Mumbai JUDGEMENT

1). This Claim Application is filed by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c) (2) & Section 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred on 19.03.2021 involving death of Milind Ramchandra Khismatrao, (herein after referred as the deceased). The Applicants claim that, being wife and children of the deceased, they are the dependents of Milind Ramchandra Khismatrao.

The factual matrix of the matter in nut-shell is as below:

2. It is stated that, the deceased, Milind Ramchandra Khismatrao, was a resident of Titwala. It is alleged that, on 18.03.2021 the deceased purchased a return ticket from Titwala to go towards Shahad railway station and back. On 19.03.2021, the deceased was returning from Shahad to Titwala railway station by unknown local train. When the said train was near Titwala Railway Station, at K.M. no. 63/40 the deceased accidentally fell down from the running train. The deceased was taken to Rukhminibai Hospital for medical treatment thereafter for better medical treatment he was taken to KEM hospital wherein he died on 25.03.2021 while undergoing medical treatment. The Applicants have alleged that the deceased was holding a 2nd class Railway return Ticket, from Titwala to Shahad Railway Station, however, the said ticket was lost in the incident. It is therefore contended that the deceased was a bona-fide passenger and died in an untoward incident occurred on

19.03.2021.

3. In response to notice, Respondent – Railway Authority appeared and opposed the claim application. The respondent filed Written statement and also produced on record the DRM’s report accompanied with other relevant police papers marked as “R-1”. It has been contended in the DRM’s Report that the investigation of the above case was carried out by Sub Inspector Ujjwal Ruheta of RPF Police Station Titwala by obtaining the relevant documents of GRP Kalyan, Station Manager Office Titwala and TPRO report of Motorman Lobby dated 19.03.2021. As per the received documents, and the TPRO report of Motorman P.R. Lad of N-16 train, an unknown person was injured after being hit by a train while illegally crossing the railway track near the gate at km 63/40. The injured person was removed from the track by the police of Titwala station and the guard of the said train and the track was cleared. Thereafter, the information of the above incident was given to Dy. SS Titwala by an unknown person. On 19.03.2021 at 00.10 hrs, Dy.SS/Titwala, informed RPF and GRP/KYN that an unknown person was lying injured on the up line between Ambivali and Titwala railway station, near km no. 63/40. Upon receiving information about the incident, the RPF and GRP staff attended the spot and found a person lying injured at the spot. Dy.SS/Titwala issued Memo No. 035637 for the treatment of the injured person. Later, the injured person was taken to Rukmini Bai Hospital b