RAILWAY CLAIMS TRIBUNAL,MUMBAI BENCH
180/P, DEMELLO ROAD, 19/T WIG-WAM
MUMBAI-400001

BEFORE THE RAILWAY CLAIMS TRIBUNAL,

MUMBAI BENCH, MUMBAI

   COARM:  Shri Hari. D. Gujrati,Hon?ble Member (Technical)

                         Shri Alok  Upasani, Hon?ble  Member (Judicial)

Claim Application No: OA (II U) / MCC /0261/ 2019

1.                  Mr. Mohd. Tanzeem Mohd. Tanveer  Shaikh

    Aged  about 18 years, (Injured)

   ( Name of  the Applicant amendedvide this

       Tribunal order dated 27.09.2023) 

Residing  at : Near Arpan Building,

Pipe Road, 147 A-3,Feetwala compound,

Vinoba  Bhave Nagar, Kurla (West),

Mumbai- 400 070.                                                     ?APPLICANT

Versus

Union ofIndia,

Throughthe General Manager,

Central   Railway,

Mumbai C.S.M.T,

Mumbai.  400 001                                                                  ...RESPONDENT

Appearances:

Mr. D.S. Kulkarni for Mr. A.V. Gawde, Advocate for Claimant   

Ms. Ankita Rele, Advocate for Respondent:

                                                               Date of Institution: 18.03.2019

                                                               Date of Judgement: 27.09.2023  

JUDGEMENT

1.                     TheClaim Application has been filed by the Applicant under Sec. 16 of the RailwayClaims Tribunal Act, 1987 read with Sec. 123 (c) (2) & Sec. 124-A of theRailways Act, 1989, for compensation

                                                                                                      Page No. 1

arising out of an allegeduntoward incident, occurred  on 04.01.2019involving injuries of  Mr. Mohd. TanzeemMohd. Tanveer Shaikh.

The factual matrix of the matter innut-shell is as below:

2.      It is stated that Mr. Mohd. Tanzeem Mohd. Tanveer Shaikh (hereafter referred as injured), resident of  Kurla (West),  was  travelling by an unknown fast local train from Kurla Railway station to Thane  Railway station in the second classcompartment.  When the said local trainreached between Vidyavihar Railway station and Ghatkopar Railway station, due to heavy rush and  forceful jerk from the inside crowd,  he accidentally fell down from the train  and sustained grievous  The concerned Railway Police with the help ofhamals,  initially took the victim toK.E.M Hospital, Parel, Mumbai, for medical treatment.  TheApplicant produced  original Second ClassRailway Monthly Season  Ticket bearingNo. UFD 45070923,                    Ex. Kurla   Railway station to  Thane  RailwayStation , valid from 01.01.2019 to 31.01.2019, along with the Claim Application.  

3.         In response to notice, Respondent ? Railway Authorityappeared and opposed the claim application. The Respondent filed written statement and produced on record the                                      DRMreport pertaining to investigation conducted by Inspector/RPF/Ghatkopar,accompanied with other relevant documents marked as ?R-1?. It has been submitted that pursuant to information received fromSSE , SM/Ghatkopar issued Memo bearing No. 024875  to Shri  R.G. Memane, stating    that one person

hadfallen down from the train between Vidyavihar and  Ghatkopar Railway  station at K.M. No.18/12.  On receipt of the memo GRP/Kurlaattended the spot alongwith the hamals and   rushed thevictim to  Rajawadi Hospital, Mumbai formedical treatment. The GRP/Kurla filed a report and set the inquiry into motionvide Injury No. 05/2019 under Sec. 174 of Cr. PC. dated 05.01.2019.  GRP/Kurla   has mentioned  in their report about the   recovery of Railway Ticket bearing No. UFD 45070923, Ex. Kurla  Railway station to Thane Railway station. Inthe statement of injured Applicant to the GRP,  he has stated that hewas travelling  at the entrance of thedoor of  the Karjat fast local and  fell down at Ghatkopar Railway station. It isalleged that Travelling by standing near the door of the local train innegligent manner, is an offence punishable U/s. 156 of Railways Act, 1989. The incident occurred due to thenegligence on part of the victim Mohd. Tanzeem Mohd. Tanveer Shaikh only and therefore, the Railway Administration isnot responsible to compensate the victim. As such the injured is not entitled for any compensation. .  

4. Inview of pleading of both parties, and relevant documents produced on record,this Tribunal framed the following issues on26.06.2021, for just andproper adjudication of Claim Application on merit within ambit of law.

1)    Whetherthe injured was travelling on valid Railway Ticket and was a bonafide passenger of the train, in question, at therelevant time?

2)    Whetherthe injured   met with an untowardincident due to fall from the running train, suffered injuries as a resultthereof and the present case is covered under Sec. 123 (c) (2) of the RailwaysAct, 1989?

3)    Whatis the nature  and extent of injuriessustained by the injured?

4)    Towhat  order/ relief?

5.     The issues No. 1 & 2 regarding to  the  injured was travelling on valid ticket & wasa bonafide passenger and the  injuriessustained by the Applicant had occurred as a result of an untoward incident, onthe basis of  admission made by theRespondent were decided in favour of the Applicants and against the Respondentvide  this bench order dated 16.02.2022. Further the Applicant was directed to appear before the Tribunal  to determine the nature of injuries and amountof compensation within two weeks from the date of the order dated 16.02.2022.    

6.                      That, in order to establishthe claim, the injured  Mohd.Tanzeem Mohd. Tanveer Shaikh stepped into the witness-box and filed his Affidavitdated 27.09.2023, in lieu of his examination-in-chief on record. He produced the relevant documentscomprising:

7.       Ld. counsel for the Applicants has mentionedthat there has been  a delay of  one years, seven   months and 25 days in  securing presence of  Applicant from  the stipulated time allowed by the Tribunal due to  arranging necessary documents. In  view of                       this he prayed  for condonation  of delay in appearance  of  the

Applicants.  Considering the circumstance, as prayed  for by the counsel for Applicants  delayis condoned.

Based on submissionof Ld. Counsel for Respondent, since issue No. 1 and 2 have already  been decided  by  this Tribunal order dated 16.02.2022. Therefore, only Issue No. 3 and Issue No. 4 arebeing deliberated  and decided.

ISSUE NO. 3  & 4

8.         Both these issues  being interconnected are beingtaken up together for the sake of brevity and better appreciation

               The Applicant was  initially taken to Rajawadi hospital, Mumbaifor medical treatment and  thereafter hewas shifted to  K.E.M Hospital, Mumbai  for better medical treatment and later on he was admitted  in Millat Nursing home, Jogeshwari Mumbai for   further medical treatment.  The Applicant has submitted   Transfer Certificate of Rajawadi Hospital, Mumbai,  Follow up  card of K.E.M. Hospital, Mumbai and  Discharge Summary of  Millat Nursing Home, Jogeshwari, Mumbai wherehe was diagnosed with the following injury; ?

             1) Bilateral fracture of femurshaft

             2) Splenic laceration leading to Spleenotomy

              The injury  agreed by both the counsels based ondocuments on record during  hearing  on 27.09.2023, falls under SL. No. 30 of partIII viz ?Fractureof major bone femur tibia of both limbs? of  part III of the schedule of theRailway Accident and Untoward Incidents (Compensation) Rules, 1990, as amendedin 2016? and  as  such  the

injured Applicant is entitled toreceive an amount of  Rs. 1,60,000/-  as compensation for the injuries ascompensation for the said injuries enlisted under schedule of injuries on the day of incident.

.The  other injuries sustained by theApplicant  i.e   Splenic laceration leading to Spleenotomy is the  Non-Scheduled injuries, as all theseinjuries  do not fall in  either Part-II  or  III  of  the  Scheduleto  Rule 3  of   ?the Railway Accident and Untoward incidents  Compensation) Rules, 1990 as amended in 2016.

                  Considering the extent ofhospitalisation, post hospitalisation process and  suffering the  Applicant  had undergone for  Non-Scheduledinjuries, we are  inclined to award  an additional amount of Rs.60,000/-  ( Rupees Sixty  Thousand  only) towards Non Scheduled injuries sustained by the Applicant on the day of incident. 

                  Since the date of incident is04.01.2019, therefore, in view of guidelines laid down by Hon?ble Supreme courtin the case of Union of India  Vs. RinaDevi  2018 ACJ 1441, the Applicant isentitled to receive  acompensation amount of Rs. 2,20,000/- (Rupees Two   Lakh Twenty Thousand only) i.e. { (Rs.1,60,000/-  for schedule injuries under Sr.No. 30  )  +  Rs. 60,000/- for non scheduledinjuries},  with interest @ 9% per annum from the date ofincident to the date of order  (revisedcompensation effective from 1^st January 2017),  as

compensationon account of injuries sustained by him in an untoward incident.  Hence, we pass the following order:  

    O R D E R

a)     The Claim Application filed under section 16of Railway Claims Tribunal Act, 1987, is hereby partly allowed.

b)     The Respondent shall pay Rs. 2,20,000/-(Rupees Two  Lakh Twenty Thousand only)plus interest @ 9%, from the date of incident to the date of order, to theApplicant as a compensation.

c)      The Respondent shall deposit entire amount ofaward in the office of Additional Registrar, RCT Mumbai within 30 days from thedate of receipt of this order.

d)     In case of default in payment within thestipulated period of 30 days as referred above, the Respondent shall pay aninterest @ 9% per annum from the dateofreceipt of this order till the date of deposit of payment in RCT.

e)      As per the guidelines delineated by the Ministry ofRailways (Railway Board) vide Notification dated 3^rd June, 2020under GSR 347 (E) which came into effect from 1^st day of January,2020, after considering the status of the Applicant and to protect the amountfrom being frittered away, an amount of Rs. 2,20,000/- (Rupees Two Lakh TwentyThousand only) plus accrued interest shall be disbursed in the followingmanner.

i.Applicant Mohd. Tanzeem Mohd. Tanveer Shaikh shallbe permitted to withdraw an amount of Rs. 30,000/- (Rupees Thirty   Thousand only), in his  Savings Bank Account through NEFT/RTGS, fromthe total awarded compensation amount of Rs. 2,20,000/-  (Rupee Two Lakh Twenty Thousand only) plus interest @ 9% per annum.

ii.  The balance amount of Rs. 1,90,000/- (Rupees  One Lakh Ninety   Thousand only) plus interest accrued till date,be kept in the  name of Applicant Mohd.  Tanzeem Mohd. Tanveer Shaikh, in the manner  described below.

iii.  The Claimant is directed to open anindividual Savings Bank Account in a  Nationalized Bank near to the place of his permanent residence. The  Bank  is directed not to permit any joint name(s) to be added in theindividual Savings Bank Account or Fixed Deposit Account of the Claimant i.e.the  Savings Bank Account of the Claimantshall be an individual Savings Bank Account and not a Joint Account.

iv.  The concerned Bank is directed not to issueany Cheque Book and/or Debit Card to the Claimant.  If the same has already been issued, the  Bank  isdirected to cancel the same before the disbursement of the award amount  and the Bank shall freeze the Account of theClaimant so that no Debit Card is issued in respect of the Account of theClaimant from any other branch of the Bank. The Bank should make an endorsementon the Passbook of the Claimant to the effect that Cheque Book and/or Debit Cardshall not be issued to the Claimant without the permission of  the  RCT.

v.  The concerned Bank of the Claimant isdirected to permit the Claimant to withdraw money from his Savings Bank Accountby means of a  withdrawal form only. TheClaimant is directed to produce the copy of the order passed by the RCT beforethe concerned Bank whereupon, the Bank be directed to make an endorsement onthe Passbook. 

vi.   The Original Fixed Deposit shall be retained by the Bank

in safe custody.   However, the statement containing FDRnumber, FDR amount, date of maturity and maturity amount shall be furnished byBank to the Claimant. The maturity amount of the FDR be credited by ECS in theSavings Bank Account of the Claimant near to the place of his permanentresidence. 

vii.  The Bank shall notgrant any loan, advance,  withdrawal

                  or pre-mature  discharge on the Fixed  Deposit without

       permission of the RCT.

viii.  The Claimant isdirected to produce the Bank  Passbook

       with the necessary endorsement as wellas Aadhaar

       Card and PAN Card before the AdditionalRegistrar,

       RCT Mumbai. The ADR shall take thefollowing

       documents on record from the Claimantbefore releasing

       the awarded amount:

(a)               Details of the BankAccount of the Claimant near to the 

place of his permanent residence withnecessary endorsement on the Passbook.

(b)              Aadhaar Card and PANCard or any other appropriate  

            ID card; and

(c)        Twosets of photographs and specimen signature of the 

Claimant.

         06.  There shall be no order as tocost.

          07. The certified copy of this judgment be given to

                Applicant free of cost.

          08. Accordingly, the Claim Application stands disposed of in above

                terms. 

                          Judgment pronounced on  27^th   September, 2023

      (ALOK UPASANI)                                             (HARID. GUJRATI)

            Member  (Judicial)                                              Member(Technical)