MOOLA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter was passed over on the first call when no one appeared for the respondent. Even on the second call no one appears for the respondent. I have hence heard counsel for the appellant and after perusing the record am proceeding to dispose of this appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the impugned judgment dated 7.3.2012 passed by the Railway Claims Tribunal, Principal Bench, Delhi by which the claim of the appellant/applicant has been dismissed.

(2.) The facts of the case are that Kulra Ram @ Sonu, who used to do the job of boot polishing, son of appellant/applicant, died in an untoward incident on account of a fall from a train on 17.8.2010. The deceased Sonu had purchased a valid train ticket No. 70892008 dated 17.8.2010 for travelling in Delhi from Adarsh Nagar (workplace) to Narela (home). When the station of Narela was about to be reached, on account of jostling of passengers in the train, the deceased fell down from the train and succumbed to his injuries.

(3.) Respondent Railways denied the claim and contended that actually the case is a case of run over by a train and not a fall from the train. Though, during the Jamatalashi/search of the body of the deceased the valid train ticket No. 70892008 dated 17.8.2010 (i.e the date of the accident) was recovered, the Railway Claims Tribunal has held that since deceased died on account of being run over, and not because of fall from the train, accordingly the deceased was not a bona fide passenger and hence the compensation petition was dismissed.