UNION OF INDIA Vs. BABITA DEVI

JUDGEMENT

(1.) THE challenge by means of this First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is to the impugned order dated 20.11.2006 of the Railway Claims Tribunal whereby the Tribunal allowed the claim petition of the dependents of the deceased and granted the statutorily fixed compensation.

(2.) THE facts of the case are that one Sh. Ranjit Singh was travelling on train no.56232 down from New Delhi to Khagaria Junction and who died on 31.5.2002 at the time of getting down from the train at the railway station. THE appellant, and who was the respondent before the Tribunal, disputed the claim by stating that the deceased had tried to get down from a running train. THE Tribunal has held that there cannot be an issue of the deceased being a bonafide passenger because the railway ticket was indeed recovered from the deceased on the search of his body after death. So far as the issue that there was an untoward incident, the Railway Claims Tribunal has held that AW-3 who was travelling in the same train compartment with the deceased stated that the deceased did not fall down from the train on account of his own negligence. THE Tribunal also held that it was upon the appellant to lead positive evidence to show that the deceased was trying to get down from the running train and in which it failed, and therefore it was held that the dependents of the deceased were entitled to compensation on account of the untoward incident of death under Section 124-A of the Railways Act, 1989.