SONI DEVI 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 Railway Claims Tribunal dated 18.8.2010 which has dismissed the claim petition.

(2.) THE claim petition was filed by the appellants, applicants before the Railway Claims Tribunal, as dependants of the deceased Sh. Sanjeev Das, who died in an untoward incident on 8.6.2009 by falling from the train while travelling from Rathdhana to Holambi Kalan.

(3.) IN my opinion, the Railway Claims Tribunal has clearly gone off on a tangent although sufficient evidence was available before the Tribunal which showed that the deceased was a bonafide passenger, and he fell down from the train. The following facts emerge from the record and which persuade me to allow this appeal and therefore, the claim petition: -