SUBHASH CHAND 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 6.6.21012 by which the Tribunal has the claim petition filed by the appellants, and who are the parents of the deceased Sandeep Kumar who died in an untoward incident of a fall from train on 1.01.2011.

(2.) The facts of the case are that the deceased Sandeep Kumar was travelling on train No.1-PGM (MEMU) from Badli Railway Station to Narela Railway Station on 1.01.2011. Sh. Sandeep Kumar accidently fell down from train when the train was passing through Samaipur Badli Raja Vihar and as a result of which Sh. Sandeep Kumar succumbed to the injuries sustained. The subject claim petition was, therefore, filed seeking statutory compensation of Rs.4 lacs.

(3.) The appellants led evidence before the Tribunal of the appellant no.1 as AW-1. The appellant no.1/father deposed that though he was not an eye witness, however, he had purchased a train ticket for his deceased son Sandeep Kumar for travelling from Badli to Narela. In fact, the father/AW-1/appellant no.1 contemporaneous to the incident on 1.01.2011 had also similarly given a statement to the police, Ex.AW1/6 and which specifically stated that he had purchased a train ticket for travelling of deceased Sandeep Kumar. No doubt the train ticket was not recovered from the person of the deceased, however, it is quite normal that tickets can get lost in such incident/accident. Therefore, in the facts of the present case, and in view of the testimony of AW-1 and his statement made before the police immediately after the incident as Ex. AW1/6, I hold that the deceased was a bonafide passenger.