ANITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a statutory appeal filed under Sec. 23 of The Railways Claims Tribunal Act, 19871 by the claimants/appellants for setting aside the impugned order dtd. 17/1/2022, passed by the Railway Claims Tribunal, Principal Bench, Delhi, hereinafter referred as the 'RCT' in O.A.(IIu) DLI/CHD/21/2020, where the learned RCT had dismissed the claim petition of the petitioners for compensation.

(2.) The appellants/claimants are the widow, children and mother of the deceased Ramavatar. It is the case of the petitioners/appellants that Sh. Ramavatar, the deceased herein, was residing at village Prempura, Alwar, Rajasthan, and he used to travel very frequently to Bawal, Haryana for undertaking the work of masonry. His younger brother Sh. Sohan Lal, was residing at Bawal and he stayed with him sometimes depending on his work.

(3.) It was stated that on 23/12/2018, the deceased could not get any work so he decided to return back to his village Alwar; and that the deceased with the help of his brother, purchased a General Ticket bearing No. J-00861484 dtd. 23/12/2018 to travel back to his village and boarded the Jaisalmer Inter City Express (14659) train at around 8 P.M. It was claimed that on the unfortunate night of 23/12/2018, when the aforesaid train reached near KM No. 15/9-16/0, between Bawal- Ajarka station, the deceased accidentally fell down from the running train during the course of the journey and sustained fatal injuries. The dead body was found on 24/12/18 at about 2 am by the RPF (Railway Protection Force) staff on duty, who informed the Station Master, Bawal.