The Railways Act, being a beneficial legislation, must be interpreted liberally in favor of compensation; the absence of a post-mortem report does not disentitle bonafide passengers from claiming compensation where other evidence proves an untoward incident occurred.

JUDGMENT

Per Rajeev Jain, Member (Judicial),

1. This claim application has been preferred before this Tribunal by the parents of the deceased, being the only dependants, under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 125 of the Railways Act, 1989 claiming compensation of Rs.16,00,000/- along with interest @ 18% per annum thereon on account of death of Shri Gaurav (hereinafter to be referred as the “the deceased”) in an alleged untoward incident.

2. In brief, it has been averred in the claim application that on 23.1.2019 the deceased and his cousin were travelling from Delhi to Aligarh by a passenger train named Delhi – Aligarh Memu holding a valid second class railway journey ticket. During journey, when the said train reached Maripat railway station, the deceased got down from the train to drink water and after doing so when he was re-boarding the train, the train started moving as a result of which he accidentally fell down from the train and suffered multiple grievous injuries. It has further been averred in the claim application that the subsequent to occurrence of the incident, the deceased was shifted to Community Health Centre, Dadri Hospital where he was administered first-aid. Further, the Doctors on the request of family members of the deceased permitted them to shift the deceased to Delhi for better treatment. However, the injuries sustained by the deceased ultimately proved fatal and he died on the way while being shifted to Delhi for further treatment. It has also been averred in the claim application that the applicants cremated the dead body without Panchayatnama and Postmortem on the same.

3. To substantiate their claim, the applicants have made available on record the original railway journey ticket, certified copy of the Inquiry Report, Memo issued by the Station Master, GD Reports, copy of the Death Certificate, Aadhaar Cards, Ration Card and their Bank details.

4. On receipt of the notice, the respondent Railway Administration appeared before the Tribunal and filed its written statement along with the original DRM’s Report denying all the averments made in the claim application. It has been pleaded in the written statement that the claimants have not come before the Tribunal with clean hands and suppressed the material facts and as such the claim application filed by the applicants is liable to be dismissed. It has further been pleaded on behalf of the respondent Railway Administration that in the present matter, the preliminary enquiry was conducted according to the Memo of Dy. Station Superintendent, DER on 23.1.12019. Shri Subhash Chand, Head Constable as per orders of Shri Santosh Kumar Sharma, ASI shifted the deceased to the Community Health Center, Dadri where he was administered first-aid. Further, after some time, the uncle of the deceased reached the Hospital and told the Police that deceased and his cousin brother were travelling from Delhi to Aligarh. During journey, the deceased got down at Maripat railway station to drink water and after doing so when he boarding the train, the train suddenly started moving as a result of which hands were slipped and he fell down from the moving train and sustained grave injuries. Later, the Supurdaginama and Delivery note were prepared by the Police. It has been stated by the co-traveller with the deceased that he along with the deceased