SUNITA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 31.5.2012, which has dismissed the claim petition filed by the claimant/appellant. By the claim petition statutory compensation was sought on account of the death of appellant's husband Ram Prakash. Ram Prakash was shot at the Sadar Bazar Railway Station by some assailants in order to snatch the bag he was carrying. The deceased Ram Prakash was travelling on a valid MST bearing no. O -0412823 by Ferozpur Janta Express Ex.Jind and he had got down at the Sadar Bazar Railway Station where the untoward incident as per Section 123(c) and Section 124 -A of the Railways Act, 1989 occurred.

(2.) THE respondent though had filed a written statement to contest the claim of the appellant/claimant, the record of the Tribunal however shows that no evidence has been led on behalf of the respondent in support of its case. Appellant/claimant led evidence and proved on record the monthly season ticket which has only wrongly been marked by the Tribunal but it stands proved as per the evidence filed by the appellant. The FIR pertaining to the incident has been filed and proved on record as Ex.AW1/4.

(3.) IN order to appreciate the falsity of the interpretation of provision of Section 123 (c) of the Railways Act, 1989 by the Tribunal, the said provision is reproduced below: -