LAWS(DLH)-2012-7-745

UNION OF INDIA Vs. SARITA DEVI & ORS.

Decided On July 19, 2012
UNION OF INDIA Appellant
V/S
Sarita Devi And Ors. Respondents

JUDGEMENT

(1.) IN the present appeal under Section 23 of the Railway Claims Tribunal Act 1997, a challenge has been made to the impugned judgment dated 21.02.2012 in Claim Application No. OA/IIu/No. 6/2010 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the said Tribunal) whereby compensation of Rs. 4 lakhs with interest @ 8% per annum has been granted to the claimants from the date of filing of the claim application till its realization. The claimant i.e. respondent no. 1 had filed a claim application before the Tribunal stating therein that she is the wife of deceased Pradeep Kumar @ Bobby. Respondent nos. 2 to 4 are his children. On 10.12.2009 deceased was traveling from Kishan Ganj railway station to Jind Railway Station in Kissan Express train, on the strength of MST which was valid for travelling from Jind to New Delhi with effect from 10.12.2009 to 09.01.2010. It was alleged that there was heavy rush in the train due to which Pradeep Kumar @ Bobby had to stand near the gate of the compartment after boarding the train from Kishan Ganj railway station. It is alleged that when the train started from Kishan Ganj railway station due to sudden jerk of the train as well as thrust from the passengers, he fell down and received serious injuries and later on died during the course of treatment in the Civil Hospital. The post mortem of the deceased was conducted in Aruna Asaf Ali Govt. Hospital, Mortuary Sabzi Mandi, Delhi and the police registered the case vide DD No. 12 PP dated 10.12.2009, P.P. Kishan Ganj Railway. She had alleged that the untoward incident occurred due to accidental falling of her husband from the train and the claimants are his dependents.

(2.) THE appellant contested the claim before the Tribunal by filing a written statement wherein they took a stand that it was not an untoward incident and the deceased had died while he was trying to catch the running train as a result of which he fell down and died of self -inflicted injuries. It was denied that he was a bona fide passenger of train in question as such he was not entitled for any compensation.

(3.) AFTER hearing the counsel for both the parties, the Tribunal awarded compensation along with interest as is stated above to the respondents. Aggrieved with the same present appeal is filed.