BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI CORAM: Dr. Ms. R. Sathyabama, Member (J)

RCT/Amaravati at Circuit Bench at RCT/Mumbai Shri. Mohit Sinha, Member (T) RCT, Mumbai Claim Application No: OA (II U) /MCC/0688/2019

1. Smt. Kaushalya Pandit Bhoi Age: 43 years, (Wife of the deceased) …..(Her name deleted being dead)

2. Shri. Prathamesh Pandit Bhoi Age: 21 years, (Son of the deceased)

3. Shri. Kamlesh Pandit Bhoi Age: 19 years, (Son of the deceased)

R/at: 402, Shubhankur Apartment, Near Green Park, Belavli, Badlapur (West), Dist.-Thane.

……….APPLICANT(s)

- Versus –

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

Mr. G. J. Mohan Rao : Advocate for Claimant Mr. P.H. More : Advocate for Respondent Date of Institution : 05.10.2018 Date of Judgment : 09.02.2026 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 09.07.2016 involving death of Pandit Karma Bhoi, (herein after referred as the deceased). The Applicants claim that, being wife and children of the deceased, they are the dependents of Pandit Karma Bhoi.

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

2. It is stated that, the deceased, Pandit Karma Bhoi , was a resident of Badlapur. It is alleged that, on 09.07.2016, the deceased was travelling from Ambernath to Badlapur railway station by unknown local train. When the said train was at Ambernath to Badlapur Railway Station, the deceased accidentally fell down from the running train, sustained head injury and died on the spot. The Applicants have alleged that the deceased was holding a 2nd class Railway Ticket, from Ambernath to Badlapur 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 09.07.2016.

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 on 09.07.2016, SM/Ambernath issued memo to GRP stating that information was received from an unknown person that at 08:30 AM, an unknown person was run over by an unknown train at Km. 59/42-44, between Ambernath and Badlapur railway stations. On receipt of memo the GRP Kalyan attended the spot and the body was found with eight parts due to runover and was transported on a stretcher to Central Hospital, Ulhasnagar. Later the on duty doctor checked 8 parts of the body of the said person and he was declared dead on 09.07.2016. After that GRP prepared the Inquest Panchnama of the said deceased person and the dead body of the said deceased was handed over to Central Hospital Ulhasnagar for post mortem. The matter was investigated and found that the deceased entered the railway premises without a ticket or pass. He was hit by an unknown train while trespassing. Had the deceased person not crossed the tracks without permission, the train accident would not have occurred. This proves that the accident occurred due to the deceased's fault, and the railway administration is not at fault. Furthermore, entering the railway premises without a ticket or pass is a crime under Sections 137 and 147 of the Railway Act. Based on the investigation, the deceased is not entitled to any claim.

4. In view of pleadings of both parties, and relevant documents produced on record, this Tribunal framed the following issues on 18.05.2021 for just and proper adjudication of Claim Application on merit within ambit of law.

1. Whether the deceased was travelling on valid railway ticket and was a bonafide passenger of the train, in question, at the relevant time?

2