SAMPATI YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants are aggrieved by the order passed by the Railway Claims Tribunal dated 15.04.2010 dismissing a claim petition filed by them under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 124A of the Railways Act filed on the ground that they are the dependants of the deceased Late Sh. Ram Avadh Yadav who died in a untoward incident while travelling in rail.

(2.) BEFORE the Tribunal the appellants had averred that Shri Ram Avadh Yadav (deceased), boarded train No.5036 from Muradabad to Delhi on 21.07.2008 after purchasing a ticket from Muradabad. It is further emphasized that the compartment of the train was overcrowded and there was heavy rush in the general compartment and due to that Sh. Ram Avadh Yadav was not feeling well and so he fell down and received head injuries and became unconscious. Thereafter, he was brought to hospital where he was attended by the doctor on 21.07.2008 & during treatment he died. Postmortem examination of Shri Ram Avadh Yadav (deceased) was conducted vide Postmortem Report No.972/2008 dated 26.07.2008 in Aruna Asaf Ali Hospital, Delhi. It was further stressed in the claim petition that Sh. Ram Avadh Yadav (deceased) lost his ticket alongwith other articles in the untoward incident. Thus, the relief claimed by the appellant was that the respondent be directed to pay Rs. 4,00,000/- along with interest @ 24% per annum to the appellants till realization of the amount, on account of death of Sh. Ram Avadh Yadav in an untoward incident.""

(3.) ON the basis of the pleadings of the parties, the following issues were framed on 08.07.2009:-