SHRI. BHARAT VITTAL RAUT AND ANR. vs UNION OF INDIA, THR. GENERAL MANAGER,

Sneha Bang 1 37-FA-327-2020.doc 1. This appeal is filed challenging judgment dated 22 nd March, 2019 passed by the Railway Claims Tribunal, Mumbai (Tribunal) whereby application for compensation on account of death on 29 th March, 2012 of Mr. Suvidh Bharat Raut between Ulhasnagar to Ambernath Railway Station came to be rejected, on the ground that the deceased was not a “ bonafide passenger” and the death occurred not on account of an “untoward incident” as defined by the Railways Act, 1989. 2. I have heard Mr. Rao, learned counsel for the appellants and Mr. Sneha Bang 2 37-FA-327-2020.doc Pandian for the respondent. 3. On 29th March, 2012 the deceased while travelling from Ulhasnagar to Ambernath fell down from the running train between Ulhasnagar to Ambernath Railway Station and lost his life. 4. The first issue which requires to be considered is whether the deceased was a “bonafide passenger” holding a valid ticket to travel. Admittedly, as per the inquest panchanama no cash, ornaments and valuable articles were found. Even there is no mention of any ticket having been found. However, the appellants have led the evidence of co-passenger Mr. Sandip Valvi who in his affidavit file