GEETA Vs. UOI

JUDGEMENT

(1.) This is an appeal filed by the appellants under Section 23 of the Railway Claims Tribunal against the judgment dated 9.4.2009 passed by the Chairman, Railway Claims Tribunal dismissing the petition of the appellants bearing No.OA (IIU) 79/2008 for grant of compensation.

(2.) Briefly stated the facts of the case are that one Gurdeep Singh is purported to have died as a result of injuries sustained by him in an untoward railway accident on 7.1.2008 at about 11 a.m. at platform No.3, Sadar Bazar Railway Station. It was alleged that he was involved in this accident on account of being a bona fide passenger in EMU Train No.SNP-2. The appellant No.1, Geeta, is the widow, appellant Nos.2 & 3 are the children and appellant No.4 is the mother of the deceased. The respondent/UOI filed its written statement and contested the claim of the appellants that the deceased was neither a bona fide passenger in the train nor did he died because of an untoward incident which would entitle the appellants to any claim.

(3.) On the pleadings of the parties, following issues were framed :-