The absence of a railway ticket does not automatically preclude a person from being a bona fide passenger, and the burden shifts to the railway administration to prove otherwise once the claimant submits an affidavit establishing the facts of the incident and intended journey.

J U D G E M E N T

Ms. Roopa Srinivasan, Hon’ble Member (Technical):-

1. This is an Application filed by three applicants under Section 16 of the Railway Claims Tribunal Act,1987, against the respondent Railway administration, seeking compensation for the death of Seno V.J, S/o Jacob Valiyaveettil, aged 56 yrs, as the result of an alleged untoward incident. The applicants, family members of Seno V.J,- Tessy Seno (wife of Seno V.J) and two sons-Jackwin Seno and Benedict Seno have sought compensation under Section 16 of the Railway Claims Tribunal Act, 1987.

Case of the Applicant

2. On 29.07.2012, Seno V.J an ex-Army man and re-employed as an Auditor in the AG’s office at Thiruvananthapuram, boarded train no.12624 (Thiruvananthapuram-Chennai Mail) for undertaking a journey from Ernakulam North to Alwaye. Shortly after the departure of the train, Seno V.J fell from the train 25 metres from the north side of the railway platform and having sustained grievous injuries, died on the spot. The applicants being family members have sought compensation for the death of Seno V.J.(henceforth the “deceased”) in this untoward incident as defined under Section 123 (c) (2) of the Railways Act, 1989.

3. This matter had been dismissed by the RCT (Ernakulam Bench) in a judgment dated 24th July 2014. Aggrieved by this, the Applicants approached the Hon’ble High Court of Kerala, which in its judgment dated the 2nd day of May 2025 (MFA(RCT) No.107/2014) has remanded the case back to the said Tribunal for fresh consideration and disposal in accordance with law and the settled precedence, after hearing the parties based on the evidence presently available on record. Therefore this court is examining the matter in accordance with the directions of the Hon’ble High Court of Kerala.

4. It is seen that the Applicants have submitted several documents along with their claim application and during cross-examination. Documents exhibited during the time of filing the affidavit by Applicant no.1 include: Copy of FIR (A1), Copy of Scene Mahasar(A2), Copy of Inquest Report (A3), Copy of Post Mortem Report (A4), Original Death Certificate(A5), Final Report (A6), One and Same Certificate in original (A7), Original of the Certificate issued by the SI, Ernakulam North Police station (A8), Legal Heirship Certificate (A9), Copy of SSLC book(A10), Official ID card of the deceased (A11).

5. Tessy Seno, wife of the deceased, who is also applicant No.1, filed an affidavit in lieu of Chief Examination on 22.10.2013. In the affidavit, applicant no.1 stated that while the deceased originally belonged to Gothuruth, near North Parur in Ernakulam District, since the deceased was an Auditor in the AG’s office at Thiruvananthapuram, they were currently residing in Government quarters at Thiruvananthapuram. Applicant no.1 stated that in the morning of 28.07.2012, the deceased started his journey from his house in Thiruvananthapuram to Puthuvaipu near Ernakulam to meet his uncle. The deceased had informed her that he would be staying with his uncle overnight and in the evening of 29.07.2012, he would meet up with some of his friends at Ernakulam and at night would go by train to his native residence at Gothruth. It was in this sequence according to applicant no.1, that the deceased boarded Train no.12624 (Thiruvananthapuram-Chennai Mail) on a valid ticket. The deceased fell from this train, on a