PINTO PROMOTHONATH SEN 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 th October, 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. 30/9/2019.

(2.) The Application for compensation filed in the prescribed form pleads that on 5/10/2013 their son Dip Pinto Sen wanted to go to Kalyan for some work and bought return railway ticket from Ambernath to Kalyan. After finishing the work, their son came to Kalyan Railway Station and boarded the local train to Ambernath where he used to reside. When the said train reached between Vitthalwadi and Ulhasnagar railway station, the deceased accidentally fell down from the train due to heavy rush in the compartment and expired on the spot. The deceased was holding II nd class return railway ticket from Ambernath to Kalyan, which got lost in the accident. The Applicants claimed to be financially dependent on the deceased. Along with the Application, the Applicants filed the Station Master memo, Police Report, Inquest Panchanama, Statement, Ration Card and copy of bank Pass Book.

(3.) The defence of the Respondent was that the deceased was not a bonafide passenger and the investigation report revealed that the deceased was run over while unauthorizedly crossing the railway tracks.