In this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, the appellants, representing the deceased Mohd. Osman, challenged the dismissal of their compensation claim by the Railway Claims Tribunal, Nagpur Bench. The Tribunal had rejected their claim on the grounds that the deceased was not a bona fide passenger and that the incident was not "untoward" as per Section 123(c)(2) of the Railways Act, 1989. The appellants argued that the deceased had a valid journey ticket and that he had fallen from a moving train due to violent jerks, while the Railways claimed he attempted suicide by lying on the tracks. The court found the deceased to be a bona fide passenger and ruled that the injuries were sustained in an untoward incident. Consequently, the appeal was allowed, and compensation of Rs. 8,00,000 was awarded to the appellants.

1. Introduction

• Appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987.
• Challenge to judgment and order dated 25.07.2018 by Railway Claims Tribunal, Nagpur Bench.

2. Background Facts

• Original applicant Mohd. Osman died; present appellants are his legal representatives.
• Incident on 25.11.2008 involving Mohd. Osman travelling by train No. 12724 – A.P. Express.
• Mohd. Osman sustained injuries from falling off the train and later died.

3. Respondent's Contention

• Railways claimed Mohd. Osman was not a bona fide passenger.
• Alleged suicide attempt by lying on the railway track in front of a goods train.

4. Tribunal's Decision

• Evidence from both parties considered.
• Tribunal dismissed the claim, questioning the validity of the journey ticket and the nature of the incident.

5. Appellants' Arguments

• Journey ticket found in the injured's diary at the spot.
• Criticism of the non-production of the Loco Pilot Book.
• Disputed the Railways' assertion that the ticket was manipulated.
• Emphasized the absence of evidence supporting a suicide attempt.

6. Respondent's Defense

• Supported the Tribunal's decision.
• Loco Pilot's first-hand account and corroborative contemporaneous documents.

7. Court's Analysis

• Examination of the record and proceedings.
• Injured's statement and evidence supported the validity of the journey ticket.
• No evidence of ticket manipulation or suicide attempt.
• Critique of the non-production of the Loco Pilot Book.

8. Determination of Bona Fide Passenger Status

• The deceased was a bona fide passenger with a valid journey ticket.

9. Nature of the Incident

• Injuries sustained in an untoward incident as defined by Section 123(c)(2) of the Railways Act, 1989.
• Lack of evidence for a suicide attempt.

10. Quantum of Compensation

• Reference to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.
• Calculation of compensation based on injuries (double amputation).

11. Conclusion and Order

• Appeal allowed; Tribunal's decision set aside.
• Compensation of Rs. 8,00,000 awarded to the appellants, with specified distribution among the appellants.
• No interest on the compensation amount if paid within four months; interest applicable thereafter.
• Decree to be drawn accordingly.