LILAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this first appeal under Section 23 of the Railway Claims Tribunal Act, 1987, the applicants/appellants impugn the judgment dated 1.7.2010 of the Railway Claims Tribunal whereby the claim petition has been dismissed.

(2.) THE admitted case of the applicants is that the deceased Sh. Guru Prasad, and who was the husband of the applicant -appellant no.1, had purchased a train ticket from Dalmu to New Delhi for travelling by 4517 Unchahar Express. It is further pleaded that the deceased Guru Prasad could not get down at the New Delhi Railway Station and therefore, when train reached Holambi Kalan Railway Station, due to sudden jerk, he fell down from the running train and died at the spot.

(3.) IN the present case, Tribunal has found as a matter of fact that the subject train stopped, not for a few minutes, but for 20 minutes at the New Delhi Railway Station. Therefore, the Tribunal in my opinion has rightly concluded that it could not be that deceased could not have got down at the New Delhi Railway Station if he wanted to. The Tribunal further has found as a matter of fact that deceased died near Holambi Kalan Railway Station and not at the Holambi Kalan Railway Station i.e the deceased probably tried to get down from a running train.