JETHULI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed in terms of Sec. 23 of The Railway Claims Tribunal Act, 19871 by the appellants/claimants assailing the impugned order dtd. 28/12/2019 passed by Mr.M.M. Parikh, learned Member (Judicial), RCT, Principal bench, Delhi2, in claim application bearing No. OA-IIu/213/2016, whereby the claim for compensation filed under Sec. 13 of the RCT Act was dismissed.

(2.) Briefly stated, it was the case of the appellants/claimants that in the intervening night/morning falling of 10th/11/5/2016, the deceased Prem Singh Machhal aged 49 years was travelling from Kathgodam to Dehradun by Kathgodam-Dehradoon Express Train (14119), having a valid general second class journey ticket. It was claimed that when the train passed through Raivala Railway Station, the deceased who was using the toilet and washing his hands at the sink near the door, all of a sudden suffered a heavy jolt and push from the fellow passengers as a result of which he fell down from the running train, receiving serious injuries on his body and dying instantaneously at the spot. Needless to state that the appellants/claimants are the legal heirs of the deceased viz., wife and two children.

(3.) During the proceedings before the learned RCT, the respondent/railways contested the claim for compensation on the ground that deceased was neither a bonafide passenger3 as no ticket was found on his body nor he fell out of the running train and died consequent to injuries sustained and there was no 'untoward incident'4.