ANJU 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 31.5.2011 which has dismissed the claim petition filed by the appellant, who was the widow of the deceased Mahesh Kumar who died in an untoward incident of a fall from a train on 05.5.2010.

(2.) The facts of the case are that the deceased Mahesh Kumar aged about 37 years, resident of Ghaziabad, was travelling by train HS-4 EMU from Ex- Shakur Basti to Hazrat Nizamuddin on 05.5.2010. Since there was heavy rush in the train, and when the train was between the Naraina Vihar and Inderpuri railway stations, on account of jerk in the train, the deceased fell down from the moving train and sustained grievous injuries. The deceased Mahesh Kumar was declared 'brought dead' at the BEHL Nursing Home in Delhi.

(3.) The respondent contested the claim petition and pleaded that the deceased was not a bonafide passenger and did not fall from the train.