KOMAL SINGH AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this appeal on the last date of hearing adjournment was sought on behalf of the appellants, and which was granted subject to deposit of costs of Rs.1000/ - with the Delhi High Court Legal Aid Services Committee. Neither costs have been deposited nor is anyone present for the appellants.

(2.) THIS first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment of the Tribunal dated 19.7.2011 by which the Railway Claims Tribunal has dismissed the claim petition by holding that there was no untoward incident as per the meaning of that expression in Section 123(c) read with Section 124 -A of the Railways Act, 1989 causing the death of the boy Sh. Veerpal, son of the appellants, on 19.2.2009, and that in fact the deceased was not a bonafide passenger, he did not fall out of the train, and that he died at the time of crossing the railway tracks. The relevant observations of the Tribunal in this regard are contained in the following findings/conclusions of the Tribunal in the judgment dated 19.7.2011 and the same are as follows: -

(3.) THE Railway Claims Tribunal has rightly held that in none of the documents which were filed and proved on record it was shown that the deceased died on account of a fall from the train. In fact, the statement of Sehdev Singh, the railway police constable at Hazrat Nizamuddin was recorded and which showed that the deceased died while crossing the railways tracks. Admittedly, no ticket was recovered in Jamatalashi/search of the deceased. Railway Claims Tribunal has held that the official acts which are performed by government servants have a presumption of correctness and which would be so in terms of Section 114 of the Evidence Act, 1872. The official acts have therefore to be believed in the facts of the present case. I completely agree with the findings and conclusions of the Railway Claims Tribunal which in fact notes that there is a tendency now a days by putting forth a concocting story for getting the statutory compensation of Rs. 4 lacs.