UNION OF INDIA Vs. SOHAN LAL

JUDGEMENT

(1.) THIS first appeal has been filed by the Railways under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 5.6.2012 by which the claim petition filed by the respondent (applicant before the Tribunal) has been allowed and statutory compensation of Rs.4 lacs granted.

(2.) THE facts as pleaded in the claim petition were that the deceased Sh. Gopichand, son of the applicant before the Tribunal (respondent herein), while travelling from Palwal to Tughlakabad railway station on 24.3.2011 accidentally fell down from the train near the Tughlakabad railway station on account of the fact that there was a heavy rush in the train and he was pushed from inside by the crowd while the train was approaching the Tughlakabad station. The fact that the deceased was travelling in the train is not disputed in the present case.

(3.) (i) The Tribunal has held that the deceased was a bonafide passenger because the train ticket was placed and proved as Ex.AW1/11. I may note that besides the finding of train ticket in the record of the Railway Claims Tribunal, there is a document filed by the appellant itself as R2 and which is a certificate from Palwal Station that the ticket in question was validly issued from the Palwal railway station. Thus, the deceased was travelling from Palwal to Tughlakabad on this valid ticket.