SURESH CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present appeal filed under Sec. 23 of Railway Claims Tribunal Act (hereinafter referred to as the Act) 1987, the appellants have assailed the order dtd. 4/3/2014 passed by Railway Claims Tribunal, Principal Bench, Delhi whereby the claim application filed by the appellants seeking death compensation was dismissed.

(2.) The brief facts are that the appellants/claimants have sought compensation under Sec. 16 of the Act on the death of their son Ajay Chaudhary (deceased). It was claimed that on 28/3/2011, the deceased along with his mother and brother boarded Seemanchal Express train No.12488 at Anand Vihar Railway Terminal, Delhi to go to Purnia. The said journey was performed after purchasing valid reserved journey tickets. It was claimed that when the train was passing Arthala Phatak (between Sahibabad and Ghaziabad), the deceased was standing at the gate of the compartment and on account of a severe jerk and jolt, fell from the moving train and suffered fatal injuries.

(3.) Learned counsel for the appellants contended that though the Tribunal has held the deceased to be a bona fide passenger but erred in denying the claim by observing that the death did not occur on account of an 'untoward incident'.