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

RCT/Jaipur at Circuit Bench at RCT/Mumbai Ms. Niva Singh, Member (T) RCT, Mumbai Claim Application No: OA (II U) / MCC/142/2021 Shiva s/o Jignu Pawar Age: 21 years, R/at: Chehedi Br. Nasik Puna Rd. Jakat Naka, Nasik Road, Dist- Nasik (M.S).422101 ….APPLICANT V E R S U S Union of India, Through The General Manager, Central Railway, CSMT, Mumbai. ….RESPONDENT Appearances:

Mr. Om Chaudhari : Advocate for Claimant Ms. D Fernandes : Advocate for Respondent Date of Institution: 25.06.2021 Date of Judgment : 18.02.2026 By Shri. Rajeev Jain, Member (J) RCT/Jaipur at Circuit Bench at RCT/Mumbai JUDGEMENT

1. The Claim Application is filed by the applicant u/s. 16 of the Railway Claims Tribunal Act, 1987 r/w. sec. 123 (c)(2) & sec. 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred during the course of working a Railway involving injuries sustained to passenger Shiva s/o Jignu Pawar.

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

2. It is stated that, Shiva s/o Jignu Pawar (hereafter referred as injured) aged 21 years is a resident of Nasik. It has been contended that on 05.11.2019, the injured, while travelling from Kalyan to Nasik Road by Tain No. 11061, Pawan Express, accidently fell down from the running train near railway KM No.133/14/-16, at Igatpuri, and sustained serious injuries to his head. The Applicant stated that he had purchased valid general class railway ticket bearing No. AFB 53280003 of train No. 11061 Pawan Express from Kalyan to Nasik Road railway station. The the same is filed along with the Original Claim Application. It is therefore contended that the injured was a bona-fide passenger and died in an untoward incident occurred on 05.11.2019.

3. In response to notice – the Railway Authority appeared and opposed the claim application. The respondent filed a written statement and also produced on record the DRM report accompanied with other relevant police papers marked as “R-1”. It has been contended that according to the documents, on 05.11.2019, the DY.SS/Igatpuri received information from the loco pilot of train no. 11071 that an unknown person had fallen on the tracks at KM No. 137/14. In this regard, TPRO memo no. 036385 was issued at 15:30 hrs, informing them to attend to the incident. Based on the information, HC-350 Rathod of GRP Police Station Igatpuri attended the spot. An injured person, Shiva Juganu Pawar, age 20, was found lying at the spot, suffering head and arm injuries after falling from a moving train. He was sent to Civil Hospital Nashik by HC-350 Rathod of GRP Police Station Igatpuri for medical treatment. The injured person was examined by the on-duty doctor and admitted. After a few days, he was referred to JJ Hospital Mumbai. After scrutiny of documents received from GRP Igatpuri, the injured person's travel ticket, and the statement of the injured person, it is concluded that the passenger has stated in his statement that he was traveling near the door of the general coach of the Dn Pawan Express from Kalyan to Nashik Road, which is an offense under Section 156 of the Railway Act. The passenger stated that he was traveling with ticket number AFB 53280003.

Upon checking the ticket, it was found that the ticket was issued from the Kalyan station ATVM at 14:24 hrs, however, the Down Pawan Express departed from Kalyan station at 13:19. The passenger stated in his statement that he was traveling in the Down Pawan Express. The ticket was issued 1 hour 19 minutes after the Down Pawan Express departed Kalyan station. This suggests that the ticket could not have belonged to the injured passenger and is a planted ticket.

4. In view of pleading of both the parties, and relevant documents produced on record, this Tribunal framed the following issues on 30.08.2021 for just and proper adjudication of Claim Application on merit within ambit of law:-

5. That, i