UNION OF INDIA Vs. KALLAN SINGH

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as 'the Act'), the appellant/respondent has challenged the order dtd. 7/4/2021 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition filed by the respondents/claimants was allowed and they were held entitled to compensation.

(2.) Brief facts, as available on the record of the case, are that it in the claim petition it was stated that on 23/6/2019, Sh. Akshay Kumar (the deceased/son of the respondents) after purchasing a joint ticket travelled from Ballabhgarh to New Delhi Railway Station in an EMU train. Sh. Neutral Citation Number : Akshay Kumar alongwith his friend Hemant Singh @ Sonu boarded an EMU train. It was claimed that the train was over crowded for which reason both were standing near the gate of the compartment. When the train arrived near Mujesar level crossing, Sh. Akshay Kumar fell from the moving train and died on the spot. It was claimed that journey ticket was lost in the incident. Hemant Singh @ Sonu, who had undertaken journey alongwith the deceased was witness to the incident stated that when the deceased fell, he had asked other passengers to pull the emergency chain. Sh. Akshay Kumar was taken to Civil Hospital, Faridabad where he was declared brought dead.

(3.) Learned counsel for the appellant submitted that as per the DRM Report dtd. 27/2/2020, the cause of death was stated to be that Sh. Akshay Kumar was probably hit by an oncoming train while crossing railway lines. It was that contended the Tribunal while passing the impugned order failed to appreciate the aforesaid Report since no ticket was found from the person of the deceased.