JUHI PARVEEN 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 15.9.2010 by which the Tribunal dismissed the claim petition filed by the appellants/applicants, who are the widow and the minor child of the deceased Mohd. Akhtar.

(2.) The facts as pleaded by the appellants/applicants were that on 16.5.2009, the deceased Mohd. Akhtar was travelling by train no.4650, when the train was passing through Khudi Ram Bose Pura railway station, on account of jostling of passengers and sudden jerk in the train, Mohd Akhtar fell down from the train and thereby sustaining grievous injuries Modh. Akhtar died on the way to the hospital.

(3.) The respondent contested the claim petition and stated that Mohd. Akhtar was not a bona fide passenger of the train in question, and, therefore, happening of an untoward incident is denied.