LAWS(DLH)-2023-6-34

SITA DEVI Vs. UNION OF INDIA

Decided On June 02, 2023
SITA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the 'Act') passed by the Railway Claims Tribunal, Principal Bench in OA/II(u)/DLI/254/2019 against the order dtd. 10/2/2021 whereby the claim application filed by the appellants was dismissed.

(2.) The brief facts, as culled out from the records, are that in the application filed before the Tribunal it was claimed that Vinod Kumar i.e., deceased undertook a train journey on 12/6/2017 from Shahdara to Faridabad by a local train and when the train reached at KM 1514/13-11 JNC Yard between Faridabad and Tughlaqabad Station, the deceased fell down from the train on account of sudden jerk and push of the passengers and died at the spot. The journey ticket alongwith other articles of the deceased including his bag were also lost.

(3.) Learned counsel for the appellants contended that the Tribunal failed to appreciate the contents of the final report by SHO P.S. GRP, Faridabad where it has been stated that from enquiry till then, circumstances at the spot, result of post-mortem, verification by SHO and statements of witnesses, it was concluded that death had occurred due to fall from the moving train. It is further submitted that mere non-recovery of journey ticket would not ipso facto result in dismissal of the claim application.