MALTI KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the 'Act'), the appellants being the widow and minor children of deceased Akash Kumar have assailed the order dtd. 12/8/2021 vide which the claim application filed by them was dismissed.

(2.) Briefly, before the Tribunal it was claimed that on 12/1/2019, the deceased alongwith one Kaptan Singh after purchasing a joint journey ticket bearing No. 96191415 undertook a train journey from Asaoti Railway Station to Mathura Junction Railway Station in Delhi Agra Cantt. Passenger Train No. 51902. As the train was overcrowded, not finding any seat, the deceased was standing near the door of the compartment. When the train was approaching Mathura Junction Railway Station, on account of sudden push by other passengers, the deceased fell from the moving train and died at the spot. During the physical search, journey ticket was recovered from the person of the deceased. However, the Tribunal disbelieved the incident to be an 'untoward incident".

(3.) Mr. Rajan Sood, learned counsel for the appellants has assailed the findings of the Tribunal by contending that during the pendency of proceedings before the Tribunal, the journey ticket was verified to be validly issued. Further, the body of the deceased was found on the railway track. He also submitted that in spite of above facts, the Tribunal erred in dismissing the claim application.