SURAI BESRA 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 18.5.2012 which has dismissed the claim petition filed by the appellant/petitioner claiming statutory compensation of Rs.4 lacs for the death of his son Sh. Hari Besra in an untoward incident (within the meaning of the expression in Section 123(c) and Section 124 -A of the Railways Act, 1989) on 16.8.2010. The untoward incident took place while the deceased Sh. Hari Besra was travelling in North East express train ex -Delhi to Katihar.

(2.) THE Tribunal has given the following reasoning and conclusions to dismiss the claim petition: -

(3.) (i) Once the deceased is found to have a valid ticket of travel and was a bonafide passenger ordinarily and generally it should be held that the deceased died as a result of an untoward incident on account of a fall from the train, unless, there is evidence led on behalf of the Railways that the place of accident was either near the residence or near the place of work or deceased for some reason was required to be at the spot where his body was found.