SAKHARAM MANIK SHINGARE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present first appeal has been filed by the original claimants u/s. 23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment and order dtd. 7/4/2022, passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai (for short 'the Tribunal'), dismissing the Claim Application No.OA (II u)/MCC/0538/2013.

(2.) The appellants filed Claim Application before the Tribunal for granting compensation on account of death caused to Vipul Sakharam Shingare, who died in the railway untoward incident on 22/9/2012. It was the case of the appellants that on 22/9/2012, Vipul Sakharam Shingare while travelling in the local train from Ambernath to Ghatkopar Railway Station, accidentally fell down from the running train near Ambernath Railway Station below Platform No.3 at Km No.59/35-36, sustained grievous head injury due to which he died. It is submitted that the deceased was travelling as a bonafide passenger, on the strength of a second class railway season ticket, but same was lost in the incident. It was submitted that the alleged incident is covered under the ambit of an "untoward incident" and the deceased was a bonafide passenger.

(3.) The railway contested the Claim Application by filing written statement, and they raised an objection that there was no untoward incident within the meaning of Sec. 123(c)(2) of the Railway Act. It is further stated that the deceased was not a bonafide passenger as ticket was not recovered from his body. Hence, the claimants are not entitled to any compensation.