MAHIPAL JAGID Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge by means of this first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is to the impugned judgment dated 9.6.2010 of the Railway Claims Tribunal, and by which judgment the claim petition of the appellant was dismissed. The claim petition was filed for the statutory compensation of Rs. 4 lacs on account of death of the son of the appellant Sh. Ravi Jagid, who is alleged to have died on account of a fall from the train on 28.8.2009.

(2.) The facts as alleged by the appellants are that their son Sh. Ravi Jagid, a student of Class 9 in a Government School, died as a result of an untoward incident of a fall from a train on 28.8.2009, the train being a local EMU train in which he was travelling from Shahdara to Delhi Junction. It was the case of the appellants that due to heavy rush and sudden jerk, Sh. Ravi Jagid fell from the train between Pole Km. 4/12 and 4/24, Kanti Nagar and died on the spot.

(3.) The Railways contested the case and argued that the deceased was neither a bona fide passenger of the train nor did he fall from the train.