RAM DULARE & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) This First Appeal has been filed under Section 23 of Railway Claims Tribunal Act, 1987 (hereinafter 'Tribunal') impugning the judgment of the Tribunal dated 29.08.2011 by which the claim petition filed by the appellants was dismissed. The appeal is contested by the respondent.

(2.) Briefly stated, facts of the case as reflected in the petition are that on 17.02.2009 at about 10.45 p.m. Rakesh Kumar appellants' son aged around 22 years while going from Sunhera to Delhi Shahdara railway station in a passenger train No.6SSD sustained fatal injuries while standing on the gate of the train. When the train reached near Behta Hajipur railway station, Distt. Ghaziabad, U.P., due to heavy rush and sudden jerk taken by the driver of the said train, Rakesh Kumar fell down from the running train and suffered grievous injuries. He was taken to MMG Hosptial to Ghaziabad, U.P. where he succumbed to the injuries. It is further urged that Rakesh Kumar was travelling on a valid railway ticket and he died in an untoward incident. The matter was reported to the police vide DD No.18 dated 18.02.2009.

(3.) It is further urged that Rakesh Kumar had purchased a railway ticket for his journey from Sunhera to Delhi Shahdara railway station. The claim petition was contested by the respondent. By an order dated 30.08.2010, the Tribunal was of the view that the deceased was not a bonafide passenger at the time of accident; claim was denied. FAO No.30/2011 was filed to impugn the said order dated 30.08.2010. This Court remanded the case to the Tribunal vide order dated 29.03.2011 to pass an appropriate order after clarifying the issue of the date of purchase of the ticket. The Tribunal again came to the conclusion that the deceased was not a bonafide purchaser and dismissed the claim petition. Being aggrieved and dissatisfied, the instant appeal has been preferred.