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रेल दावा अ(cid:876)धकरण, नागपुर पीठ, नागपुर

BEFORE THE RAILWAY CLAIMS TRIBUNAL: NAGPUR BENCH, NAGPUR

QUORAM: SHRI SYED NISHAT ALI, HON’BLE MEMBER (TECHNICAL)/RCT/NGP

Case No.: OA (IIu)/NGP/59/2025

Date of filing - 04.02.2025.

Date of Judgement - 27.02.2026.

APPLICANTS: 1. Laxmibai wd/o Balasaheb Dukare

R/o At Babhulgaon, Taluka and Dist.-Parbhani

Pin No. 431521 (M.S.)

2. Gangadhar s/o Balasaheb Dukare

Aged about 36 years, Occupation- Labour

R/o At Babhulgaon, Taluka and Dist.-Parbhani

Pin No. 431521 (M.S.)

(Elder son of the deceased)

3. Santosh s/o Balasaheb Dukare

Aged about 26 years, Occu.-Labour

R/o At Babhulgaon, Taluka and Dist.-Parbhani

Pin No. 431521 (M.S.)

(younger son of the deceased)

4. Mariba s/o Nagorao Dukare

Aged about 75 years, Occupation- Nil

R/o At Babhulgaon, Taluka and Dist.-Parbhani

Pin No. 431521 (M.S.)

(Father of the deceased)

V/s.

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OA(IIu)NGP/59/2025

RESPONDENT: Union of India,

Through its General Manager,

South Central Railway, Secunderabad (A.P.)

VALUE OF CLAIM: Rs. 8,00,000/-

Applicant by Ld. Counsel Shri R.S.Tompe.

Respondent by Ld. Counsel Smt. S.Thaokar.

JUDGEMENT

1) The applicant has filed this claim application under Sec.16 of the Railway Claims

Tribunal Act, 1987 seeking compensation for an amount of Rs.8,00,000/- along with

interest for the unfortunate death of Shri Balasaheb s/o Mariba Dukare, which occurred

allegedly in an untoward incident on 05.06.2024.

In synopsis of claim application the applicants have mentioned as under:-

“...The deceased passenger namely Balasaheb S/o Mariba Dukare on dated 05/06/2024

had purchased and booked a valid and proper general second class railway ticket for railway

journey and he was travel from Parbhani to Purna seated there in Train and travelled and when

the train left the Mirkhel railway station and then arrived at Ganpur shivar railway track then due

to heavy jurk of the train he fall down form the train in Ganpur Shivar near Mirkhel Railway Staion

and sustained grievous bleeding injuries to the head and whole body and died on spot before

17:56 (The untoward railway accident happened between railway track coming from Mirkhel Pole

No. 310/3 and railway track going to Purna Pole No.310/4). The police took deceased at Govt.

Hospital Purna and postmortem conducted on deceased in the above said Hospital. The

deceased has Carry a nylon bag and railway ticket was kept in that bag but unfortunately that

nylon bag not tressed at the time of investigation so train ticket is missing.....”

(Reproduced as verbatim)

2) Upon receipt of notice the respondent Railway had contested the claim application

by filing the written statement and statutory Report of DRM. It is stated in written

statement that:

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OA(IIu)NGP/59/2025

“....The Respondent further submits, the following against the case of the applicants in the

claim application:

a. It is humbly submitted that, as would be evident from the statement of a Police Patil of Ganpur

village, from whom initial information in the matter has been received by Local Police, Purna,

during the statutory enquiry in the case, some people of Ganpur Village informed him that, an

unknown person has died at K.M.No.310/3-4 between Mirkhel and Purna Railway Stations, either

due to fall from or due to hit by a train and thereupon, he reached at the said and gave

information in the matter to Police Station, Purna Barring such mere finding of a corpse, which by

itself, in no manner gives rise to any entitlement of the applicants to claim compensation in the

case, there is absolutely no cogent evidence/eye-witness, in respect of the case of the applicants,

regarding the alleged incident of fall of the deceased from train As would be evident from the

statement of Dy. Station Superintendent/Purna, during the statutory enquiry in the case,

absolutely no information regarding any incident of all of any person from train at the place of the

alleged incident has been received from any quarters, during the duty hours of the said Dy SS, as

Station Master, at Purna Railway Station,