BIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants, who are the father and the sister of the deceased/Deepak, have preferred the present appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 ['RCT Act'], thereby assailing the impugned judgment dtd. 23/2/2017 passed by the learned Presiding Officer, Railway Claims Tribunal, Principal Bench, Delhi ['RCT'], whereby their claim for compensation for death of the deceased/Deepak in a railway accident was dismissed.

(2.) Briefly stated, it is the case of the appellants/claimants that the deceased/Deepak, in the intervening night of 03rd and 4/10/2014, boarded a train at New Town Faridabad Railway Station for Okhla Railway Station to go to Kalkaji Temple and attend the morning prayer with his friend Sh. Ashish Rawat. It was claimed that there was a huge rush inside the train compartment and as a result of a sudden and heavy jolt and jerk besides lot of pushing around by the passengers, the deceased/Deepak fell down from the moving/running train near Tughlakabad Railway Station, sustaining grievous injuries and eventually, succumbing to the same. It was stated that he bought the railway ticket, but it was lost in transit within the railway premises.

(3.) The respondent contested the claim petition and came out with the defense that the deceased/Deepak, as per the DRM's Report, died due to his own negligence when he fell down from the running train. The learned RCT based on the pleadings of the parties, framed the following issues:-