RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI CORAM: Shri Alok Upasani, Member (Judicial)

Shri Mohit Sinha, Member (Technical)

CLAIM APPLICATION No: OA (II u)/MCC/361/2016

1. Smt. Vaishali Kisanrao Gorad, Aged about 30 years, (Widow of deceased)

2. Kumari Amruta Kisanrao Gorad, Aged about 09 years, (Daughter of deceased)

3. Kumar Adesh Kisanrao Gorad , Aged about 06 years, (Son of deceased)

4. Smt. Kondabai Dhula Gorad, Aged about 72 years, (Mother of deceased)

(Next friend and natural guardian of Applicant No. 2 discharged, as Applicant No. 2 is now major) (Applicant No. 3 being minor applies through his next friend and natural guardian mother, Vaishali Kisanrao Gorad, Applicant No. 1)

Applicant No. 1, 2 & 3 residing at: Ganeshnagar, Post Varse, Roha, Raigarh, Maharashtra – 402116 Applicant No. 4 residing at: At-Gatewadi, Post-Pimpri, Taluka: Man, Pimpri (Man), Maharashtra – 415540 APPLICANTS V E R S U S Union of India, Through, General Manager, Central Railway, C. S. T. Building, Mumbai: 400 001 ` RESPONDENT Appearances:

Mr. V. K. Mazgaonkar - Counsel for the Applicants Ms. Jyoti Panwalkar - Counsel for the Respondent Date of Institution: 07.04.2016 Date of Judgment: 24.02.2026

J U D G M E N T

1. This Claim Application is filed by the applicants under Sec. 16 of the Railway Claims Tribunal Act, 1987, read with Sec. 123 (c) (2) & Sec. 124 - A of the Railways Act, 1989, on account of death of Kisanrao Dhula Gorad (hereinafter referred as deceased) in an alleged untoward incident occurred on 15.02.2013. The Applicants have claimed that they being the widow, children and mother, are the dependents of the deceased, Kisanrao Dhula Gorad.

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

2. It is alleged that the deceased, Kisanrao Dhula Gorad, a resident of Roha, Raigarh, was in service. It is further alleged that on 15.02.2016, he left home, reached Badlapur railway station and purchased valid railway return ticket for himself, for travelling from Badlapur to Thane and return. Thereafter, he boarded in local train going towards Thane railway station. When the said train reached near Diva railway station, near KM. No. 42/10, Kisanrao Dhula Gorad received a forcible jerk, lost his balance, accidentally fell down from the running local train and sustained serious injuries to his body. He was taken to Diva Hospital for medical treatment, wherein he was declared dead. It is further alleged that the railway return ticket dated 15.02.2016, Ex. Badlapur to Thane and return, on the strength of which the deceased was travelling, was lost in the incident. It is therefore contended that the deceased was a bona-

fide passenger and died in an untoward incident.

3. In response to notice, Respondent Railway Authority appeared and opposed the claim application. Respondent filed Written Statement and produced on record the DRM report pertaining to investigation conducted by Inspector/RPF/Diva, accompanied with other relevant documents. The DRM report reflects that on 15.02.2016 at about 09.40 hours, Dy. SS/Diva issued a memo to on duty GRP/Dombivali stating that, as per public information, one unknown male person aged about 45 years was lying near DN. Through Line at KM. No. 2/10, sustained major injuries on head and leg, seems to be dead. The SS/Diva has mentioned the reason for the incident as “Hit by unknown train while trespassing”. The GRP attended the site and took the victim to Civil Hospital, Diva, wherein he was declared dead. The GRP conducted the Inquest Panchnama and registered a case vide ADR No. 47/2016, under Sec. 174 of Cr. PC. The GRP has not mentioned about the recovery of any railway travelling authority from the possession of the deceased in their related documents. Hence, deceased cannot be termed as a bonafide passenger. As per report of GRP/Thane and Memo of Dy. SS/Diva, the deceased was hit by unknown train while trespassing in negligent manner, which is an offence punishable under Sec. 137 and 147 of Railways Act, 1989. As suc