PRITHVI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have preferred the present appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 against order dtd. 18/1/2022 passed by Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. OA/II/u/DLI/5/2021, whereby the claim petition preferred by the appellant/claimants was dismissed.

(2.) Facts of the case, as summarised in the impugned order, are extracted below:

(3.) Mr. Rajan Sood, learned counsel appearing for the appellants, contended that in the present case, the deceased had lost his balance during the course of journey and fell down on the railway track, where he was hit by an incoming train. It was further contended that the Tribunal failed to appreciate that the deceased was a bonafide passenger in the train at the time of the incident and suffered an untoward incident as defined under Sec. 123(c) of the Railways Act, 1989.