PARMESHWAR RAM 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 24.11.2010 by which, the Tribunal has dismissed the claim petition filed by the appellants/claimants seeking compensation for the death of their son Mithilesh Kumar.

(2.) THE facts of the case are that on 19.5.2009, the deceased Mithilesh Kumar along with his nephew Neeraj Kumar was said to be travelling from Shakurbasti to Dayabasti Railway Station by a train on a valid train ticket, when the train reached at Rampura Gate No.5 -B,due to a sudden jerk from inside the compartment Mithilesh Kumar fell down from the running train and died as a result of the accident. The respondent contested the case of the appellants and pleaded that the deceased was not a bonafide passenger. It is also pleaded that the deceased was living near the phatak/gate and he would have been hit while crossing the phatak/gate at Rampura.

(3.) THE impugned judgment of the Tribunal is clearly illegal and bound to be set aside for the reason that the Tribunal has ignored the document Ex.A1/9 and which is the statement of the brother of the deceased namely one Shri Upender and which statement is made contemporaneous to the incident on 19.5.2009. Sh. Upender states that deceased Mithilesh Kumar along with his nephew Neeraj had gone to Trinagar for purchasing of clothes and while returning to home from Shakurbasti to Dayabasti, after purchasing a train ticket, the deceased Mithilesh Kumar fell down from the train near Rampura phatak.