UNION OF INDIA Vs. SANJEEV ARORA

JUDGEMENT

(1.) THIS first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 18.12.2013 which has allowed the claim petition filed by the husband and minor children of the deceased Amita, who died in an untoward incident on 17.10.2009.

(2.) BEFORE referring to the facts of the case, I must note that Railways/Union of India must eschew from filing wholly unnecessary appeals. Once in the facts of the case it is proved on record that the body is found lying on the tracks, in the jamatalashi/search of the deceased tickets were recovered, the husband who could not find the wife after sometime when she went to washbasin had made desperate enquiries in the compartment and then looked in the whole train and then came to know of the unfortunate incident at the destination station as a body of a lady was found lying on the tracks, yet, Railways should not feel that an appeal should be filed against the exhaustive judgment which shows proving beyond any doubt the happening of the untoward incident.

(3.) BEFORE the Tribunal, respondents filed and proved on record the documents Ex.AW1/2 to Ex.AW1/7, and which documents are complete record with respect to the untoward incident, jamatalashi report, railway police officials documents and other official documents showing the untoward incident. The Tribunal has given the following valid findings and conclusions to allow the claim petition.