HIRA LAL RAM 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 7.4.2010 whereby the Railway Claims Tribunal dismissed the Claim Petition filed by the appellants for compensation on account of death in an untoward incident of the wife of the appellant No. 1 and the mother of the other appellants.

(2.) The facts of the case are that the deceased Smt. Bhagirathi Devi along with her daughter, Arti Kumari boarded the train No. 2368 DN Bikramshila Express to travel from New Delhi to Patna Junction on 9.1.2008. For the travel, the deceased and her daughter had purchased two tickets. It was further the case of the appellants that when the train stopped at Mughalsarai Junction, Smt. Bhagirathi Devi (deceased) alighted from the train for purchasing some eatables and drinking water, and when she boarded the train back, due to heavy rush she could only find a place to stand near the gate. After the train re-started, Smt. Bhagirathi Devi could not maintain her balance, on account of the heavy rush of the passengers in the train and jerk in the train, and consequently accidently fell down near the outer signal of Ara Railway Station resulting in her death.

(3.) The respondent contested the case and the main defence was that the deceased was not a bona fide passenger inasmuch as the ticket filed was alleged to be a procured ticket.