MAMCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) CM Appl. No. 19191/2014 (for condonation of delay).

(2.) APPELLANTS filed a claim application under Section 16 of the Railway Claims Tribunal Act, 1987 before the Railway Claims Tribunal, Principal Bench, Delhi (Tribunal) seeking compensation of Rs. 8,00,000/ - on account of death of late Shri Kaushal in an "untoward incident", which allegedly took place on 8th January, 2012 near Container Depot of Tughlakabad, relating to a train. After trial, Tribunal has dismissed the claim application.

(3.) APPELLANTS have alleged that on 8th January, 2012 deceased along with his friend Shri Amit Kumar had come to Hazarat Nizamuddin railway station, Delhi for receiving some contract labourers, who were expected to arrive from Jhansi, U.P. Unfortunately, contract labourers did not arrive on that day. Accordingly, he decided to return to his native village in Gurgaon, (Haryana) He boarded Mahakaushal Express train from Hazarat Nizamuddin railway station to go to Ballabgarh, after purchasing a journey ticket, in presence of Shri Amit Kumar. There was a heavy rush in the compartment, thus, deceased was standing near the gate of compartment. When train reached at Km. Pole no. 1520/19 near Container Depot Tughlakabad, deceased fell down from the running train due to sudden jerk and thrust from the fellow passengers and died on the spot. It was alleged that journey ticket was lost in the incident.