रेल दावा अधिकरण लखनऊ न्यायपीठ RAILWAY CLAIMS TRIBUNAL LUCKNOW BENCH Claim Application No.: OA/II/U/LKO/154/2016 CORAM:

Hon’ble Mr. Justice Bachchoo Lal, Member (Judicial).

Date of Institution: 01.02.2016 Date of Decision: 18.02.2026 Hansraj Ram, aged about 55 years, S/O Late Sri Haribhajan Ram R/o- Village- Chakarda, Post- Belaur, PS - Udabtnagar District- Bhojpur (Bihar).

……. APPLICANT VERSUS Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

……. RESPONDENT Appearance: None for the applicants Mr. B. Singh, counsel for the respondent.

CLAIM FOR Rs. 6,00,000.00/- (with interest)

JUDGMENT

Hon’ble Mr. Justice Bachchoo Lal, Member (Judicial)

The Learned counsel for the applicant was absent during the course of arguments. However, the Ld. Counsel for the respondent has prayed for arguments as this case is old pertaining to the year 2016. In this context, Rule 18 (1) of Railway Claims Tribunal Rules, 1989 is reproduced as under:

“18. Action on application for applicant’s default-

(1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear [When the application is called] for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit”

Accordingly, arguments of Learned counsel for the respondent heard and judgment reserved.

1. The applicant, Hansraj Ram S/O Late Haribhajan Ram has filed this claim application under Section 16 of the Railway Claims Tribunal Act, 1987 against the respondent Railway administration for payment of compensation for the death of his son Late Dhiresh Kumar S/O Hansraj Ram (hereinafter referred to as “the deceased”), on the ground of his dependency on the deceased, who allegedly died as a result of an untoward incident.

2. It has been averred in the claim application that on 17.06.2015, the deceased Dhiresh Kumar when alive was travelling by train Patilputra Express from Aara to Ambala Cantt. Railway station with a valid Journey ticket No. 68125092. It has further been averred that deceased accidentally fell down from the train on 18.06.2015 during the course of his journey near Sultanpur Railway station and sustained serious injuries. Thereafter, he was hospitalized in District Hospital, Sultanpur, where he died during treatment in Hospital. The alleged journey ticket was stated to have been recovered from the possession of the deceased and its recovery has been mentioned in the inquest report.

3. Notice of the claim application was issued to the respondent who filed reply by way of written statement wherein the respondent contested the claim of the applicant. Apart from denying the allegations made in the claim application, it is contended inter alia that the deceased was neither a bona fide passenger of the train nor he accidentally fell down from the train. Accordingly, this incident was not covered under Sec. 123 (c) (2) read with Sec. 124A of the Railways Act, 1989. Hence, the claim application is liable to be dismissed with costs.

ISSUES

4. On the basis of pleadings of the parties, following issues were framed on

26.07.2016 for adjudication:

i) Whether the deceased was a bonafide passenger of the train in question?

ii) Whether incident of death of the deceased falls under the ambit of an untoward incident as defined u/s 123 (c) (2) read with Section 124A of the Railways Act, 1989?

iii) Who the applicant is only dependent of the deceased?

iv) To what relief?

5. During the course of enquiry/trial, the applicant Hansraj Ram (father of the deceased) has filed his own affidavit as AW-1 and another affidavit of one Mr. Ravi Shankar Ram (AW-2) who is stated to be accompanied with the deceased during the course of journey. Both the witnesses were cross- examined on 06.02.2023 by the Ld. Counsel for the respondent. The applicant has filed and relied on certified copies of documents i.e. journey ticket No 68125092, death report of Medical Officer, Poli