LAWS(DLH)-2014-10-278

SANGEETA AND ORS. Vs. UNION OF INDIA

Decided On October 27, 2014
Sangeeta And Ors. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) APPELLANT filed an application under Section 16 of the Railway Claims Tribunal Act, 1987 before the Principal Bench of Railway Claims Tribunal, Delhi (for short, hereinafter referred to as the 'Tribunal') seeking compensation of Rs. 8 lacs on account of death of Shri Krishan Kumar Chourasia (deceased) in an 'untoward incident' relating to a train on 16th July, 2012. Claim application has been dismissed by the Tribunal by the order impugned in this appeal.

(2.) APPELLANT alleged that Shri Manoj Kumar (nephew of deceased) along with the deceased went to Ballabhgarh Railway Station from where he purchased a ticket for the deceased for going to Nizamuddin Railway Station, Delhi from Faridabad Railway Station. He handed over the ticket to deceased and dropped him at Faridabad Railway Station. Thereafter, deceased boarded a train from Faridabad Railway Station for going to Nizamuddin Railway Station. Due to heavy rush in the compartment deceased was standing near the gate. On account of sudden jerk deceased fell down from the moving train at platform no. 2 of Faridabad Railway Station and died. From the jamatalashi of deceased two reservation tickets, Rs. 4,500/ - in cash and one Pan Card were recovered. Deceased was carrying a bag with him which was lost after the incident. Ticket was kept in the said bag and was lost.

(3.) FOLLOWING issues were framed by the Tribunal : -