VIJENDAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 23 of the Railway Claims Tribunal Act, 1987[RCT Act], assailing the impugned judgment dtd. 5/6/2015, passed by learned Presiding Officer of the Railway Claims Tribunal, Principal Bench, Delhi[RCT] in claim application bearing No. OA(IIu) 245/13 titled 'Vijendar Singh & Anr. vs. Union of India', whereby the claim for compensation filed by the appellants herein was rejected. FACTUAL BACKGROUND:

(2.) Briefly stated, it is the case of the appellants, who are the parents of the deceased Vishal that on 6/8/2013 their deceased son along with his friend, Devinder @ Govinda, was travelling from Okhla to Sadar Bazar by the Palwal-Shakurbasti EMU[Electric Multiple Unit] train to purchase kites and other articles from Sadar Bazar. It is contended that the deceased/Vishal and his friend had purchased separate railway tickets for Rs.5.00 each and boarded the train from Okhla railway station. However, when the train reached Tilak Bridge Railway Station at about 2.00 PM, they were both standing at the gate of the train compartment and as the train crossed the platform, due to heavy rush and sudden jerk besides thrust from inside the compartment, the deceased/Vishal as well as his friend fell down from the train. It is claimed that in the aforesaid circumstances, when the deceased/Vishal lost his balance and fell from the train, he struck against a pole and sustained grievous injuries succumbing to the same.

(3.) The Respondent/Railways contested the claim petition primarily on the ground that the deceased was not a bona fide passenger as no journey ticket was recovered from his possession; and that the injuries sustained by the deceased were self-inflicted in nature and the result of his own criminal act in terms of proviso to Sec. 124A of the Railways Act, 1989. The Respondent/Railways, thus disclaimed liability, contending that the injuries sustained by the deceased were not on account of any "untoward incident".