REKHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present appeal filed under the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as the 'Act'), the appellant, claiming herself to be the mother of the deceased, has sought setting aside of order dtd. 3/3/2020 passed by Railway Claims Tribunal, Principal Bench, Delhi in OA/II(u)/DLI/2019/262,whereby the claim application filed on her behalf was dismissed.

(2.) The facts, as culled out from the records, are that the deceased had undertaken a train journey on 19/6/2018 from Asawati Railway Station to Ghaziabad Railway Station. He was returning to his village Bhudabas and for the said purpose, had boarded an EMU train from Asawati Railway Station after purchasing a journey ticket. At KM No.1491/33-35 near Asawati Railway Station, on account of sudden jerk and push of the crowd, the deceased accidently fell from the train and died at the spot. The Tribunal held that the deceased was not a bonafide passenger and rejected the contention that the incident could be characterized as an 'untoward incident".

(3.) Learned counsel for the appellant contended that in the present case, the accidental fall of the deceased amounted to an 'untoward incident". In support, she stated that a journey ticket bearing No.96069174 for travel from Asawati to Ghaziabad was recovered from the person of the deceased. Secondly, it was averred that the body of the deceased was found at railway tracks near Asawati Railway Station."