SURENDRA PRASAD VERMA 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 18.10.2011 which has dismissed the claim petition filed by the parents of the deceased Sh. Rajesh Kumar Nidhi who died in an untoward incident on 1.6.2009.

(2.) The facts of the case are that the deceased Sh. Rajesh Kumar Nidhi, a student aged 19 years, resident of Village Ajwan, Police Station Naubatpur, District Patna (Bihar) had purchased a Super Fast Journey Ticket from Patna Jn. to New Delhi on 1.6.2009 and had boarded the train no.2391 UP Sharamjeevi Express. The train, after commencement of journey, halted at the Buxar Railway Station and after the train started from Buxar Railway Station, the deceased Sh. Rajesh Kumar Nidhi who had got down at the station to purchase some eatables and drinking water, on account of the rush in the train was forced to stand near the door of the train from where he fell down due to jerk in the train and push of the co-passengers. The subject claim petition was accordingly filed.

(3.) The case of the respondent before the Tribunal and before this Court was that the deceased was not a bonafide passenger. It is contended that no train ticket was recovered and therefore the deceased was not a bonafide passenger. It is also argued that there is a difference of about two hours between the time of the departure of the train at Buxar Railway Station and the finding of body and thus there is no untoward incident of a fall from the train. It is accordingly argued that claim petition was misconceived and has been rightly dismissed by the Tribunal.