RESHMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is filed in terms of Sec. 23 of The Railway Claims Tribunal Act, 1987 [RCT Act] assailing the impugned order dtd. 17/9/2018 passed by the Learned Railway Claims Tribunal, Principal Bench, Delhi [RCT], in claim application bearing No. OA (IIu) No. 306/2017 (hereinafter referred to as the claim application') under sec. 16 of the learned RCT Act, titled 'Smt. Resham and Ors. Vs. Union of India', whereby the learned RCT dismissed the claim application of the applicants (appellants herein).

(2.) To put it briefly, the appellants before this Court are the legal heirs of the deceased Shri Nitin Kumar, consisting of his wife, minor son and dependent parents. It is their case that the deceased was a daily passenger having a valid MST4 No. 15703626 valid from 19/8/2017 to 18/9/2017. On the fateful day of the accident, i.e., 16/9/2017, the deceased was travelling from Ghaziabad to Okhla by train for his duty at Intex Phone Service Centre, and when the train reached at Platform No.3, Tilak Bridge Railway Station, New Delhi, he accidently fell down from the moving train and sustained serious/ grievous injuries all over his body leading to his death. Post-mortem was conducted on the body of the deceased vide PMR No.823/2017 at Maulana Azad Medical College and Lok Nayak Hospital, New Delhi wherein opinion was expressed that the injuries were possibly sustained in a railway accident. This sequence of events led to the filing of the claim application by appellant/applicant under Sec. 16(1) read with Sec. 13 (1-A) of The RCT Act, and Sec. 124-A of the Railways Act, 1989.

(3.) Respondent Railways contested the claim application and relying upon the DRM Report, it was stated that the deceased was not a 'bonafide passenger' of the train and that the incident occurred due to negligent and careless act on the part of the deceased, as he trying to de-board from a moving train.