RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:

1. Appellants are in appeal against the order dated 08.04.2024 passed by Railway Claims Tribunal Ranchi Bench, Ranchi in OA(IIU)/RNC/43/2023 by which the claim application for compensation on account of death of the applicant's son Gulsan Kumar Jha in railway accident, has been dismissed.

2. As per the case of the appellants, the deceased- Gulsan Kumar Jha, was travelling on 24.10.2022 in the general bogie from Durgapur to Dalsingh Sarai Railway Station by Raxual-Howrah, Mithila Express Train No. 13021 with a 2nd class M/Exp. Journey ticket. That the deceased went to Kolkata for some work on the same day and after that he come back to Durgapur from Kolkata by bus on 24.10.2022. The deceased purchased a valid journey ticket on 24.10.2022 from Durgapur to Dalsingh Sarai. There was heavy rush in all the general bogies of the train. The train left Durgapur and was approaching Jasidih Railway Station, when the accident took place. The deceased suddenly fell down accidently between Pole No. 333-331 near Kishunpur Jungle Jasidih railway station due on being pushed by the passengers. The mother of the deceased was informed and later the deceased was admitted to Sadar Hospital, Deoghar. The deceased died on 26.10.2022 during treatment.

3. One witness been examined and relevant documents including the Death certificate, Journey ticket, Fardebayan of Rambha Devi, Dead body Challan, Inquest report, PM report, FIR, Final Report, Family Membership certificate, Aadhar Card of the appellants and Bank particular of combined both appellants were adduced into evidence and marked as exhibit.

4. Learned Tribunal rejected the claim application mainly on the ground that the applicants had failed to prove their initial burden that the deceased was a bonafide passenger when the incident occurred, and that he died due to an untoward incident as defined under Section 123 (c)(2) of the Railways Act, 1989.

5. It is argued by learned counsel for the appellants that in order to entitle the claimants for compensation, the only requirement is that the deceased died in an 'untoward incident' involving a train and that he was a bonafide passenger at the time of accident. Learned Tribunal has not discussed the evidence, which was brought on record either oral or documentary and the claim has been dismissed.

6. Any accidental fall from a running train will come within the meaning of an 'untoward incident' as per Section 123 (c)(2) of the Railways Act, 1989. Claimants shall be entitled to compensation under Section 124-A when death or injury is caused to a boanfide passenger in the train. Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-

(a) suicide or attempted suicide by him;

(b) self-inflicted injury;

(c) his own criminal act;

(d) any act committed by him in a state of intoxication or insanity;

(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqE1xuZmTWQP3QGiAu9nfdeTL9TjRvaz7Uh5d8RAAWiPM&caseno=MA/244/2024&cCode=1&cino=JHHC010210902024&state_code=7&appFlag=)

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