VEENA RANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment dated 19.1.2011 passed by the Railway Claims Tribunal in OA 187/2010 dismissing the claim of the appellant on account of the death of her son.

(2.) Briefly stated the facts of the case are that on 13.5.2010, one Sumit (since deceased) was alleged to have been travelling from Okhla to Faridabad in EMU train and when the train reached near Hazrat Nizamuddin railway station, the deceased Sumit fell from the compartment of the train on account of sudden jerk in the train as a consequence of which, he died on the spot by coming under the train itself. Accordingly, an amount of Rs.4 was claimed by the mother of the deceased.

(3.) The respondent contested the claim of the appellant. It was alleged that the deceased was neither a bona fide passenger nor did he died in any untoward incident. On the pleadings of the parties, the following four issues were framed: