RAM PAYARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the impugned judgment of the Tribunal dated 29.11.2011 dismissing the claim petition filed by the appellant and who is a widow of the deceased Sh. Ram Phal who died in an untoward incident by falling from Ala Hazrat Express train near the Old Delhi railway station. This appeal is an unnecessary burden on the appellant and thereafter at the end of this judgment I am giving certain directions because I find that in quite a few cases coming up before this Court it is noticed that certain Benches of the Railway Claims Tribunal do not deal with the relevant documents which have been filed and proved on record.

(2.) The case as set up by the appellant was that her husband Sh. Ram Phal on 10.8.2010 was travelling by Ala Hazrat Express train to Bhiwani junction. When the train was approaching the Old Delhi railway station on account of the jerk/jolt in the train as well as thrust from the passengers inside the train, Sh. Ram Phal accidentally fell down from the train. This incident caused grievous injuries to Sh. Ram Phal and who as a result thereof died on the spot. The railway journey ticket of the deceased was said to have been lost in the incident.

(3.) On behalf of the respondent, it was pleaded that the deceased was not a bonafide passenger inasmuch as no journey ticket is placed on record. It is also the stand of the respondent that there is no proof of any fall from the train of the deceased Sh. Ram Phal.