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

Shri Mohit Sinha, Member (Technical)

Claim Application No: OA (II u)/MCC/447/2018

1. Mr. Dayashankar Gayadin Yadav, Aged 61 years, (Father of deceased)

2. Mrs. Shyama Devi Dayashankar Yadav, Aged 56 years, (Mother of deceased)

Both residing at: M. N. 92, Kotya Road, Patti, Pratapgarh, Pure, Dhani, Uttar Pradesh: 230 124 APPLICANTS V E R S U S Union of India, Through The General Manager, Central Railway, Mumbai CST RESPONDENT Appearances:

Mr. D. T. Ajagekar : Advocate for Claimants Mr. P. Pal for H. Haryan : Advocate for Respondent Date of Institution: 28.05.2018 Date of Judgment: 25.03.2026

J U D G M E N T

1. This Claim Application is filed by the Applicants under Section 16 of the Railway Claims Tribunal Act, 1987, read with Sec. 123 (c) (2) & Sec. 124 - A of the Railways Act, 1989, for compensation on account of death of Dipak Dayashankar Yadav (hereinafter referred as deceased) in an alleged untoward incident occurred on 14.01.2018. It is claimed that the Applicants being the parents, are the dependents of the deceased.

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

2. It is alleged that Dipak Dayashankar Yadav, a resident of Pratapgarh, Dhani, Uttar Pradesh, was in service. It is further alleged that on 04.01.2018, he purchased a second class railway return ticket from Elphinstone Road railway station for travelling to Kalwa and back. Thereafter, he boarded in local train and reached Kalwa for his personal work. After completion of his work, he came at Kalwa railway station at about 22.00 hours and boarded in local train to reach his residence at Elphinstone. At about 22.45 hours, when the said local train reached between Dadar and Parel railway station, at KM. No. 8/6-E and 8/6-D, Dipak Dayashankar Yadav accidentally fell down from the moving local train, sustained multiple serious injuries and was lying there till next day morning. On the next day i.e. 15.01.2018, at about 09.00 hours in the morning, the Station Master issued a memo and sent him to hospital, but he died before admission in the hospital. It is further alleged that the deceased was travelling on the strength of valid second class railway return ticket bearing No. BOX8COF 631, dated 14.01.2018, valid for travel between Elphinstone Road & Kalwa railway station. That said ticket was recovered from the possession of the deceased during inquest proceedings and was handed over to deceased’s brother. Recovery of said ticket is also mentioned in Inquest Panchnama. It is therefore contended that the deceased was a bonafide passenger and died in an untoward incident.

3. In response to notice, Respondent Railway Authority appeared and opposed the Claim application. The Respondent filed Written Statement and also 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 15.01.2018 at about 09.09 hours, pursuant to information received, that an unknown person, aged about 20 years, had fallen down from an unknown local train and sustained serious injuries, Dy. SM Dadar, accordingly issued a memo to GRP. The GRP attended the site and took the victim Sion Hospital for medical treatment, wherein he was declared dead. The GRP conducted the Inquest Panchnama and registered a case vide ADR No. 11/2018, dated 15.01.2018. The GRP has mentioned about the recovery of second class railway return ticket, dated 14.01.2018, Ex. Elphinstone Road to Kalwa railway station via Dadar from the possession of the deceased and a certified copy of said ticket is available on record. However, the deceased was found lying between Dadar and Parel railway station, at KM. No. 8/6E-8D and therefore, the deceased was not authorized to travel beyond Dadar railway station towards CSMT. Hence the deceased was not a bonafide passenger. It is alleged that the deceased was residing at Elphinstone Road an