LAWS(DLH)-2011-9-405

UNION OF INDIA Vs. RADHA DEVI

Decided On September 22, 2011
UNION OF INDIA Appellant
V/S
RADHA DEVI Respondents

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 of the Railway Claims Tribunal dated 14.6.2011, and by which judgment, the Railway Claims Tribunal has allowed the Claim Petition of the respondent/widow for the death of her son, Sh. Rahul in an untoward incident on 7.12.2009.

(2.) The facts of the case are that the deceased Sh. Rahul was travelling by train from Delhi Junction to Ghaziabad on 7.12.2009. He fell down from the train near old Seelampur Fatak/gate resulting in his death whereupon the subject Claim Petition was filed.

(3.) The appellant/railways contended before the Railway Claims Tribunal that deceased was not a bona fide passenger of the train in question in which the deceased was said to be travelling. It was also argued that the deceased was not a bona fide passenger travelling on a valid ticket.