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

1. Sunil Munnilal Kashmiri, Aged 58 years, (Father of deceased)

2. Sushma Sunil Kashmiri, Aged 58 years, (Mother of deceased)

Both residing at: New Mistri Building, Shorab House, 1st Floor, Room No. 8, Balaram Street Municipal School, Grant Road, Mumbai APPLICANTS V E R S U S Union of India, Through, General Manager, Western Railway, Churchgate, Mumbai: 400 020 ` RESPONDENT Appearances:

Mr. Pratik Sonawane for Mr. Kuldip Singh - Counsel for the Applicants Ms. Jyoti Panwalkar - Counsel for the Respondent Date of Institution: 29.12.2015 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 Ashutosh Sunil Kashmiri (hereinafter referred as deceased) in an alleged untoward incident occurred on 06.08.2015. The Applicants have claimed that they being the parents, are the dependents of the deceased, Ashutosh Sunil Kashmiri. The factual matrix of the matter in nut-shell is as below:

2. It is alleged that the deceased, Ashutosh Sunil Kashmiri, a resident of Grant Road, Mumbai, was in service. It is further alleged that on 06.08.2015, he was travelling by local train from Grant Road to Bandra railway station. At about 20.30 hours, when the said local train reached between Matunga Road and Mahim railway station, due to sudden push from other passengers in the compartment, Ashutosh Sunil Kashmiri had accidentally fallen down from the said local train and sustained serious injuries. He was taken to Nair Hsopital, Mumbai, for medical treatment, wherein he was declared dead. It is further alleged that the deceased was travelling on the strength of second class railway season ticket, Ex. Grant Road to Bandra railway station, but said ticket 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/Dadar, accompanied with other relevant documents. The DRM report reflects that on 06.08.2016 at 20.33 hours, Dy. SS/Matunga Road received information from ATNL/BCT, that as per information from Guard of Train No. 90966, one unknown person, aged about 25 years, was knocked down by said train between KM. No. 12/04 and 12/05. The Dy. SS/Matunga Road along with Pointsman and GRP reached the site and found one person lying in injured condition between Up and DN. Through Track. The said person was examined by 108 Ambulance Doctor and declared dead. The GRP took the deceased’s body to Nair Hospital and conducted the Inquest Panchnama and registered a case vide ADR No. 83/15 dated 06.08.2015, 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 statement of Motorman of Train No. 90966, the deceased was knocked down by his train and was lying between Mahim and Matunga Road railway station, on Up Through Line. Therefore, the deceased’s presence in the Railway Premises was unauthorized and he was knocked down while trespassing the railway track, in negligent manner, which is an offence punishable under Sec. 147 of Railways Act, 1989. As such the Railway Administration cannot be held responsible for the alleged incident.

4. In view of pleading of both parties as well as relevant documents produced on record, this Tribunal framed the following issues on 30.09.2025, for just and proper adjudication of Claim Application on merit within ambit of law.

1. Whether the deceased was travelling on valid railway ticket and was a b