VIDYA DHEK Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT no.1 is widow; whereas appellant nos. 2 and 3 are children of Late Shri Kailash Singh Dhek. They filed a claim petition before the Railway Claim Tribunal, Principal Bench, Delhi seeking compensation of Rs. 4 lacs in respect of death of Shri Kailash Singh Dhek, in an alleged "untoward incident" dated 20th January, 2008, relating to a train. In the claim petition, it was stated that deceased was working in a firm in Gurgaon. The said firm was having an office at Okhla Industrial Area as well. On 20th January, 2008 deceased was to come to Delhi from Gurgaon in connection with his office work. He boarded train no. 4312 Alla Hazrat passenger at Gurgaon after purchasing a journey ticket. The compartment in which the deceased was travelling was heavily crowded. Deceased was standing at the gate of the compartment. In between Gurgaon and Bijwasan, deceased fell down from the train due to sudden and violent jerk of the train and sustained multiple grievous injuries and died. Bag containing ticket was lost.

(2.) RESPONDENT denied the incident. It was alleged that deceased was not a "bona fide passenger" of any train, inasmuch as, did not die on account of any accidental fall from the train amounting to "untoward incident", within the meaning of Section 123 (c) of the Railways Act, 1989 (for short, hereinafter referred to as the "Act"), thus, appellants were not entitled to compensation under Section 124 -A of the Act.

(3.) FOLLOWING issues were framed by the Tribunal on 18th December, 2008: -