UNION OF INDIA Vs. DEVKI DEVI AND OTHERS

JUDGEMENT

(1.) This first appeal is filed by the Railways against the judgment of the Railway Claims Tribunal dated 30.8.2012 allowing the claim petition filed by the respondents herein.

(2.) The facts as pleaded by the respondents were that the deceased Gian Chand on 18.7.2009 after purchasing a valid ticket bearing no.04460956 was travelling from Delhi Junction to Muradabad by the Delhi Barrely Passenger train. It was further pleaded that during the course of travelling when the train reached between Pilkhua and Hapur, Sh. Gian Chand fell down from the train and received serious injuries which resulted in his death. The deceased was admitted to Saraswati Medical Hospital and thereafter transferred to M.M.G. Hospital, Ghaziabad where he succumbed to his injuries on 25.7.2009 about a week after the alleged untoward incident.

(3.) The Tribunal has held that the deceased was a bona fide passenger because the ticket was filed and proved as Ex. A8 and that the report of the Investigating Officer Akhilesh Kumar (RW1), Inspector, S.I.B. ought not to be believed because the Investigating Officer personally did not go to the hospital etc to carry out investigation.