The deceased, a bona fide passenger with a valid ticket, is entitled to compensation as his death constituted an untoward incident under Railway claims, despite claims of negligence by the Railway.

1. The first appeal and the cross-objection arise out of the judgment and order dated 29.03.2016, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur and therefore, the same are being disposed of by common judgment.

2. The appeal is filed by original respondent-Railway and the cross-objection is filed by respondent nos.1 to 3/original claimants mainly on the ground that the share in the compensation granted to respondent nos.4 and 5 was not in accordance with law.

3. Background facts :

Respondent no.1 is the wife of deceased Rashtrapal Shirsat.

Respondent nos.2 and 3 are the children of the deceased and respondent nos.4 and 5 are the parents of the deceased. The deceased was serving in ‘Shastra Seema Bal’ as a Constable and at the relevant time he was posted at Udangiri in Aasam state. He died in an untoward incident on 05.06.2012 near Bamni railway gate, Tah. Tumsar, Dist. Bhandara between 8.00 and 9.00 p.m. It is stated that on 05.06.2012, the deceased had boarded Train No. 12859 - Mumbai-Howrah Geetanjali Express to go to Howrah. He had purchased ticket No. 07896-1097. Respondent nos.1 to 3 had come to the station to see off the deceased. The deceased, in their presence boarded Gitanjali express at Shegaon railway station. It is stated that the deceased while travelling fell from running train. He sustained serious injuries and died. On receipt of the information, the respondents went to Tumsar. They came to know about the accident. It is stated that the deceased was travelling with valid journey ticket. He was a bona fide passenger. He died due to fall from running train and as such death was in an untoward incident.

4. Appellant- Railway filed written statement and opposed the claim. It is denied that the deceased was travelling on the given date by Geetanjali Express. It is contended that death was not in an untoward incident. The deceased was not holding valid journey ticket.

The deceased died due to dash of a train while crossing railway track.

5. Learned Member of the Tribunal framed as many as four issues. Learned Member of the Tribunal, on the basis of the evidence, recorded findings on all the issues in favour of the respondents and directed appellant-Railway to pay compensation. Being aggrieved by this order, appellant-Railway has come before this Court. Similarly, being aggrieved by the order of granting share in the compensation to respondent nos.4 and 5, respondent nos.1 to 3 have filed cross-objection.

6. I have heard Ms. Neerja Choube, learned advocate for the appellant-Railway and Mr. C.A. Joshi, learned advocate for respondent nos.1 to 3/cross-objectors. Learned advocate for respondent nos.4 and 5 was absent at the stage of final hearing. Perused the record and proceedings.

7. In view of the facts and circumstances, following points fall for determination :

1] Whether the deceased was a bona fide passenger travelling in a train at the relevant time with valid journey ticket ?

2] Whether the deceased died due to fall from moving train and as such death was in an untoward incident ?

3] Whether respondent nos.4 and 5 are dependents of the deceased and entitled to get share in the compensation ?

4] What Order ?

8. Learned advocate Ms. Neerja Choube for the appellant- Railway submitted that the fact that the deceased on the given date travelled by Geetanjali Express is doubtful. Learned advocate submitted that on 06.06.2012 at 17.30 hours, an intimation of accidental death was reported to the Station Master at Tumsar. Learned advocate pointed out that Geeta