KAMTU ANURAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 ["RCT Act"] read with Sec. 151 of the Code of Civil Procedure, 1908 to set aside/quash the impugned order dtd. 16/7/2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi ["RCT"] whereby their claim for statutory compensation on account of death of their son/Lakhan Anuragi was dismissed.

(2.) Briefly stated, it was the case of the appellants/claimants that their deceased son, Lakhan Anuragi was travelling along with his sister and nephew from Mahoba to Hazrat Nizamuddin on 3/10/2017 in Jabalpur- Nizamuddin Mahakaushal Express Train No. 12189 with valid journey tickets bearing No. 11733141, 11733142, 11733143. On 4/10/2017, and when the train reached the Bhandai Railway Station, near Agra, the deceased accidently fell down from the train and received grievous injuries all over his body.

(3.) Further, it is stated that at the time of incident, the sister of the deceased was not aware about the incident and in the meanwhile, one Anwar Khan had reported to the Control of Agra Cantt. that an injured person, who was still alive, was found between Up and Down Main Lines between Bhandai and Agra Cantt. Railway Stations. The information about the injured was put with the Guard in the Brake-Van of the goods train, and on arrival of the goods train at Agra Cantt., the railway doctor in the presence of the ASI of GRP, ASI of RPF and a constable of RPF attended the injuries and on their advise the injured was shifted to the S.N. Medical College & Hospital, Agra, where he succumbed to the injuries at 12.55 hours on 4/10/2017.