MUNCHUN DEVI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) ARGUMENTS heard. Entire material placed on record has been perused.

(2.) BY the judgment impugned in this appeal Railway Claims Tribunal, Principal Bench, Delhi has dismissed the claim petition under Section 16 of the Railways Claims Tribunal Act, 1989 of the appellant. Appellants claimed compensation of Rs. 8 lacs in respect of death of Shri Suchit Kumar Jha (deceased) in an "untoward incident" occurred on 4th February, 2010 at Ajaibpur railway station in U.P.

(3.) RESPONDENT did not dispute that dead body of deceased was found at Ajaibpur railway station. However, it was alleged that he was run over by some train. According to respondent, incident did not fall within the ambit and scope of an "untoward incident" within the meaning of Section 123(c) of the Railways Act, 1989 ("the Act", for short), thus, no compensation was payable under Section 124 -A of the Act. It was denied that deceased was working in Delhi and was going to his native village in Bihar by Jan Sadharan Express after purchasing a ticket from Sarai Rohilla railway station. It was denied that incident was witnessed by the public persons and the Station Master. It was denied that deceased fell down at platform no. 2 of Ajaibpur railway station opposite to ASM's office due to sudden jerk of the train and died. As per the respondent, deceased was not a bonafide passenger of Jan Sadharan express train, since no ticket was recovered from his possession.