रेल दावा अधिकरण लखनऊ न्यायपीठ RAILWAY CLAIMS TRIBUNAL LUCKNOW BENCH Claim Application No.: OA/II/U/LKO/285/2023 CORAM:

Hon’ble Mr. Justice Bachchoo Lal, Member (Judicial) Hon’ble Ms. Archana Srivastava, Member (Technical)

Date of Institution: 23.11.2023 Date of Decision: 09.03.2026 Subhodh Kumar Jha & Another –

1. Subodh Kumar Jha, aged about 58 yrs. S/O Late Uma Kant Jha Present Address : P.X.E., Chandipur, Post-Chandipur District- Balasore [Odisha] Pin – 756025.

2. Smt. Nilam Devi, aged about 51 yrs. W/O Subhodh Kumar Jha R/o- Village & Post- Fulwariya, Ward No. 7, Block & PS- Sugauli District- East Champaran (Bihar)-PIN - 262804 ……. APPLICANTs VERSUS Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

……. RESPONDENT Appearance: Shri A. K. Verma, Counsel for the applicants Shri A. K. Sinha, Counsel for the respondent. CLAIM FOR Rs. 8,00,000.00/- (with interest)

JUDGMENT

Hon’ble Mr. Justice Bachchoo Lal, Member (Judicial)

1. The applicants, Subodh Kumar Jha S/O Late Uma Kant Jha and Another 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 unmarried son Late Manish Kumar Jha S/o Mr. Subodh Kumar Jha (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 claim application that the deceased namely Manish Kumar Jha when alive was travelling on 16.07.2023 from Ambala Cantt. to Betiya Railway station with a valid Railway journey ticket by train No. 22552 Jalandhar City –Darbhanga Express, which was lost in the incident. During journey, he accidentally fell down from train near Bartara railway station and succumbed to his injuries on spot. The journey ticket from Ambala Cantt. to Betiya Railway station was lost in the incident. Further, the Police on receipt of the information about this incident, completed requisite formalities including panchanama and post-mortem on the dead body. Thereafter, the dead body of deceased was handed over to his family members for last rites.

3. Notice of the claim application was issued to the respondent who filed reply by way of written statement 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 neither a passenger of the train nor he accidentally fell down from the train. 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

16.05.2024 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, Mr. Subodh Kumar Jha has filed his own affidavit as AW-1 and another affidavit of one Mr. Sandarbh Shanu (AW-2), who is stated to be a witness for purchase of journey ticket. Both the witnesses were cross-examined on 27.01.2025 & on 24.07.2025 by the Ld. Counsel for the respondent. The applicants have filed and relied on certified copy of the documents i.e. Police D, panchanama, post-mortem report, news paper cutting, a certificate issued by Village Mukhiya with other documents in evidence.

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

7. Heard the learned counsel representing the respective parties and p