GURCHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this first appeal under Section 23 of the Railway Claims Tribunal Act,1987, the claimants/appellants pray for setting aside of the impugned judgment of the Railway Claims Tribunal dated 30.8.2011 whereby the claim petition filed by the appellants seeking compensation was dismissed.

(2.) The claim petition was dismissed as the Railway Claims Tribunal held that the claimants/appellants failed to prove that the deceased was a bona fide passenger. The relevant findings and observations of the Railway Claims Tribunal read as under :

(3.) The facts of the case show that as per the case of the claimants/appellants, the deceased was travelling by train to the Old Delhi Railway Station from Meerut and he died on account of fall from the Ambala Passenger Train bearing No. 306 near the flyover of Vivek Vihar station at Delhi. The death took place as per the appellants/claimants on account of falling from the train around Vivek Vihar railway station under the fly over and the deceased got cut from another train which came from the opposite side and which is pleaded to be an untoward incident as per Section 123(c) and Section 124A of the Railways Act, 1989 for the appellants/applicants to be entitled to the compensation.