MEVALAL KUNAI MOURYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appeal has been preferred at the instance of the Original Applicants whose claim for compensation on account of death of their son in an incident of 5/6/2013 filed under Sec. 16(1) r/w Sec. 13(1-A) of Railway Claims Tribunal Act, 1987 r/w Sec. 124-A of the Railways Act, 1989 has been dismissed by the impugned Judgment dtd. 20/12/2019.

(2.) The Application for compensation filed in the prescribed form pleads that on 5/6/2013 their son Rakesh Mevalal Mourya, one Umesh Harish Narvekar and other friends came to Mahim railway station and boarded the local train for travelling to Malad where the deceased used to reside. At about 10.45 pm when the local train reached between Andheri and Jogeshwari railway station, the deceased accidentally fell out of the train due to heavy rush in compartment and expired before admission in hospital due to serious grievous injuries. The deceased was holding valid IInd Class railway season ticket bearing No. U 30585634 alongwith railway identity card No. T 16701431 for travelling from Churchgate railway station to Bhayandar railway station for the period from 15/5/2013 to 14/6/2013, which was recovered from the body of the deceased as noted in Inquest Panchanama. The Applicants are financially dependent on the deceased. Along with the Application, the Applicants filed the Station Master memo, Inquest Panchanama, death certificate, railway pass, Identity card, bank account details, ration card and photographs of the Applicants.

(3.) The defence of the Respondent was that as per the memo and diary of SS/Jogeshwari on 5/6/2013, one unknown male was found lying injured near down local line between Andheri and Jogeshwari and thus the alleged incident dtd. 5/6/2013 is not an untoward incident. It was further denied that the deceased was a bonafide passenger as no railway pass was found in the possession of the deceased and that the Applicants are not dependent on the deceased.