BHATERI Vs. UNION OF INDIA

JUDGEMENT

(1.) It needs to be assessed whether Shri Rajbir was a bonafide passenger and died on account of an untoward incident or not.

(2.) The appellants herein are his legal representatives. They had filed a claim petition under Sec. 16 Railway Claims Tribunal Act, 1987, and have taken exception to the order passed by the Railway Claims Tribunal (herein after referred to as Tribunal) whereby such claim has been rejected.

(3.) As per the appellants, Shri Rajbir was a government servant, employed with Indian Postal Department, STG Division, New Delhi. He was a resident of Sonipat and on 5/11/2011, after performing his duties, he boarded HNK train No. 64461(Hazrat Nizamuddin to Kurukshetra) from platform No. 3 of Tilak Bridge Railway Station to reach his native place i.e. Sonipat, Haryana. There was heavy rush in the train and, therefore, he could not get inside the train and remained stationed near the gate along with the other passengers. When the train had barely crossed platform No. 3, due to sudden jerk, he got imbalanced and fell down after colliding with one electric pillar.