MAHADEV KRISHNA TAMBE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 ('the Act, 1987') is directed against the judgment and award dtd. 16/6/2014 passed by the learned Member (Technical) of the Railway Claims Tribunal, Mumbai Bench, Mumbai ('the Tribunal'), whereby the claim application OA No.(IIU)/MCC/2011/0891, preferred by the appellants under Sec. 124-A of the Railways Act, 1989 ('the Railways Act') for compensation on account of the death of Amit Tambe ('the deceased'), the son of applicant No.1 Mahadev and brother of applicant No.2 Smt. Sonal, in an untoward incident, dtd. 25/7/2011, came to be dismissed.

(2.) The deceased, then 25 years of age, was a bachelor. On 25 th July, 2011, the deceased was travelling from Malad to Mahalaxmi Station by a local train on a valid second class season ticket, issued on 17/7/2011. The applicants assert that, between Lower Parel and Mahalaxmi Station, the deceased accidentally fell off from an unknown running train and sustained fatal injuries. He succumbed to the injuries before he could be admitted in hospital. As the deceased was a bachelor, Mahadev, the father, and Smt. Sonal, the sister, preferred the application for compensation under Sec. 124-A of the Railways Act.

(3.) The respondent resisted the application by filing a written statement. Refuting the assertions of the applicants that the deceased died on account of an untoward incident, it was contended that the Charge Report prepared at the Lower Parel Station indicated that an unknown male was found lying dead on the tracks between 7/05 and 7/06 km. but in the absence of evidence regarding the mode and manner of the alleged incident, it cannot be termed as an 'untoward incident'. Resultantly, the applicants were not entitled to claim compensation. The respondent sought to place the onus of proof of the fact that the deceased was a bona fide passenger, on the applicants.