UNION OF INDIA Vs. POONAM

JUDGEMENT

(1.) This judgment shall decide a statutory appeal preferred by the appellant/Railways under Sec. 23 of the Railway Claims Tribunal Act, 1987 [The Act] assailing the judgment/order dtd. 6/10/2020 passed by the learned Railway Claims Tribunal, Principal Bench [RCTPB], whereby statutory compensation of Rs.8,00,000.00 with interest @ 9 % has been awarded to the respondents/claimants from the date of accident. The claim petition was filed by respondent No.1, young widow of the deceased along with her parents-in-law viz., respondent Nos. 2 and 3 being the father and the mother of the deceased.

(2.) It was the case of the respondents/claimants that on 28/4/2017, the deceased, namely Shiloo aged about 25 years was travelling from Tundla to Aligarh having a valid second-class ordinary ticket and when the train reached near the level crossing at Pala, Sahibabad, there was a sudden jerk in the momentum of the train and due to the jostling of the crowd, deceased Shiloo fell down from the train and sustained grievous injuries resulting in his death.

(3.) The appellant/Railways in the claim petition, who were arrayed as respondent, in its written statement contested the claim stating that the deceased was not a bonafide passenger and rather Sh. Vinod Kumar i.e. uncle(tau) of the deceased had reported to PS Sasani Gate, Aligarh State of Uttar Pradesh within the jurisdiction of which accident occurred that the deceased along with his relative had gone to attend a marriage function in the family at Pala, Sahibabaad and he died on being run over by some train.