SH BADSHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 against the judgment dtd. 5/12/2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the "Tribunal") in Claim Application No. OA/II(U)/GZB/228/2018, titled as "Badshah and Anr. vs. Union of India".

(2.) Vide the impugned judgment, the Tribunal dismissed the claim primarily on the ground that the incident in question was not an "untoward incident" within the meaning of the Railways Act, 1989 (hereinafter referred to as the "Act") and consequently, did not return any finding on the issue of bona fide travel.

(3.) The brief facts of the case, as stated in the claim application, are that on 7/2/2018, one Shahid (hereinafter referred to as the "deceased") purchased a valid journey ticket for travelling from Garhi Harsaru to Hathras Junction, and on 8/2/2018, he de-boarded at Aligarh for change of train, and thereafter boarded Train No. 54462 (Bareilly-Bandikui Passenger) Train, and while approaching Pora, he accidentally fell from the running train and sustained injuries, due to which he died on spot.