A claimant seeking compensation under the Railways Act for an untoward incident must prove the deceased was a bona fide passenger and that the death resulted from an accidental fall from a train; a failure to produce a ticket combined with medical evidence of trespassing negates the claim.

JUDGEMENT

1). This Claim Application is filed by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c) (2) & Section 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred on 11.05.2016 involving death of Sanjay Shiv Bahadur Verma, (herein after referred as the deceased). The Applicant claim that, being parents of the deceased, are dependents of Sanjay Shiv Bahadur Verma.

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

2. It is stated that, the deceased, Sanjay Shiv Bahadur Verma, was a resident of Uttar Pradesh. It is alleged that, on 11.05.2016, the deceased was travelling from Kalyan to Allahabad Railway Station. At about 08:48 hours, when the train was near Atgaon Railway Station, the deceased, due to a sudden push from co-passengers, accidentally fell down from the running train. Immediately thereafter, he was shifted to the Sub-District Hospital at Shahapur for medical treatment; however, upon examination, he was declared dead by the attending medical officer. The Applicants have alleged that the deceased was holding a 2nd class Railway Ticket, from Kalyan to Allahabad Railway Station, however, the 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 occurred on 11.05.2016.

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’s report accompanied with other relevant police papers marked as “R-1”. It has been contended in the DRM’s Report that on 11.05.2016 at 10.00 hrs. Dy.SM/ATG issued a memo to on duty GRP/KYN stating that "As per information received from N-10 up Motorman one unknown person found lying in between THS-ATG at KM No.97/1-3 and reason not known. On receipt of the memo GRP/KYN, attended the spot and send the victimized to Primary Hospital Shahapur. On duty doctor examined and declared death. From the report of Inspector/RPF/KSRA, It is observed that, GRP/KYN has not mentioned any railway pass or ticket or any other documents in the Inquest Panchnama. Hence prima-facie victim cannot be termed as a bonafied passenger. As per report of GRP/KYN the above victim was fallen down unknown train, in negligent manner, which is an offence punishable u/s 156 of Railway Act 1989.

4. In view of pleadings of both parties, and relevant documents produced on record, this Tribunal framed the following issues on 12.02.2019 for just and proper adjudication of Claim Application on merit within ambit of law.

1. Whether the applicant proves that they are the dependents of the deceased within the meaning of Section 123(b) of the Railways Act?

2. Whether the applicant proves that deceased was a bonafide passenger of the train, in, question, on the relevant day?

3. Whether the applicant proves that the death of the deceased had occurred as a result of an untoward incident as alleged in the claim application?

4. To what order/relief?

5. That, in order to establish the claim, the Applicant No.1 Shiv Bahadur Verma s/o Ram Kumar, father of the deceased stepped into the witness-box and filed his Affidavit dated 05.06.2025 in lieu of his examination-in-chief on record marked as AW-1/1. He has produced the relevant documents comprising: