REKHA @ RANI 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 28.3.2012 which has dismissed the claim petition.

(2.) The facts of the case are that the deceased Sh. Balmukund, husband of the applicant/appellant no.1, died in an untoward incident on 8.1.2011 at Nizamuddin railway station. The deceased was to travel from Nizamuddin to Jhansi by Bhopal Express train.

(3.) That there is an untoward incident and the deceased died by falling from the train becomes clear from the documents Ex.AW1/7, statement of Investigating Officer; Ex.AW1/12 statement of RPF Constable; RW1/1 being the document showing the falling of passenger between the platform and the track while placing the train at the platform from washing line to the platform no.3; similar documents Ex.RW1/3, Ex.RW1/5 and the DRM report R1. All these documents are mentioned in para 3 of the judgment of the Tribunal and which reads as under:-