MENKA DEVI 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 13.8.2010 by which the Tribunal dismissed the claim petition filed by the appellants/applicants who are the dependants of the deceased Sh.Lal Dev Prasad. Appellant no.1 is the widow of late Sh. Lal Dev Prasad.

(2.) THE facts of the case as pleaded by the appellants/applicants were that Sh. Lal Dev Prasad on 26.2.2009 was travelling from Kodrama to New Delhi by train 2381 Poorva Express when near the Khurja railway station(Davar Station), he fell down from the train and died. The case of the respondent/Railways before the Railway Claims Tribunal, and which has been accepted by the Tribunal, was that the deceased at Davar Station after getting down from the train was loitering on the railway tracks and he got run over by another train no.2301 which was passing the Davar station. Tribunal for this purpose has placed reliance upon the memo issued by the Station Master at Davar which states that two passengers have been run over by 2301 Express.

(3.) IN my opinion, the Railway Claims Tribunal has clearly committed an illegality in dismissing the claim petition inasmuch as, when we see the memo prepared by the Station Master it does not show that Sh.Lal Dev Prasad was run over while loitering on the tracks. The memo only states that two passengers were run over by a train. Therefore, it is perfectly possible and as was the case of the appellants, that the deceased fell down from the train, and in which process, he could have been run over by a train 2301 Express at Davar Station.