HUSSAIN BEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the applicants challenging the judgment dtd. 24/12/2013 passed in Claim Application No.O.A II U 90/2009 by the Railway Claims Tribunal, Bangalore Bench, Bangalore, thereby the application filed by the applicants seeking compensation was dismissed.

(2.) It is the case of applicants that on 11/11/2008 in the morning the deceased and two others went to Nalwar to see a bride for his relative. He had informed the applicants that by evening he would return back to residence by intercity train. In the night, the applicants were informed by the railway police that one male person has fallen from the train and expired. The applicants being the wife, son, daughter, mother and father of the deceased filed an application seeking compensation. But the Tribunal has dismissed the application on the reason that the deceased was not a bonafide passenger.

(3.) Learned counsel for the appellants/applicants submitted that relevant exhibits such as FIR, inquest report, post mortem report, statement of applicant clearly establish the fact that the deceased was a bonafide passenger at the time of the incident and the train was over crowded, due to which, the deceased lost his balance and accidentally, fell from the train. But the Tribunal has failed to appreciate the evidence on record resulting into erroneous judgment of dismissal being passed. Therefore, prays to allow the appeal and grant compensation.