UNION OF INDIA Vs. BIRHARAMWATI @ BIRMATI

JUDGEMENT

(1.) THIS first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the Union of India/Railways impugning the judgment of the Tribunal dated 14.9.2011 by which the Tribunal accepted the claim petition which was filed by the respondent, who is the mother of the deceased Sarvesh. It is the case of the respondent/claimant that the deceased Sarvesh died in an untoward incident of a fall from the train on 28.7.2010 while travelling from Shahdara to Ghaziabad in an EMU train.

(2.) THE case of the respondent/claimant was that her son Sarvesh aged about 20 years was, on 28.7.2010, travelling from Shahdara (Delhi) to Ghaziabad in an EMU train and he fell down from the train near Shahdara Station on account of the jerk/jolt of train and thereby he died on the spot. It was pleaded that the train ticket was lost in the accident because it was contained in a bag which was with the deceased.

(3.) ADMITTEDLY , in the facts of the present case, there is no eye witness of the untoward incident which is alleged to have taken place as per the case of the respondent -claimant. The dead body was found on the tracks and such a report was made by the driver of the train no.5708 namely Sh. Y.K.Sharma to the Deputy Station Superintendant Sh. Deepak Kumar of Shahdara Railway Station on walky talky. Mr. Y.K.Sharma informed that a body of a person who is run over is lying on the tracks at DSA -PNA i.e between Shahdara Railway Station and a panel in the north line. The document proved in this regard by the respondent is Ex.R -1/2. Sh. Deepak Kumar was examined on behalf of the Railways as RW -1. The Railway Claims Tribunal has held that since the appellant -Railways failed to examine the driver Sh. Y.K.Sharma, but only examined Sh. Deepak Kumar, this aspect should be taken against the appellant.