SUDAMA DEVI AND ANR. Vs. UNION OF INDIA

JUDGEMENT

(1.) For the reasons stated in the application, delay of 30 days in filing the appeal is condoned.

(2.) The facts of the case as pleaded by the appellants are that the deceased Manoj Kumar, who was the son and brother of the appellants/applicants, was travelling from New Delhi to Shakurbasti by EMU Train No.64013 on 10.5.2014. It is pleaded that the deceased had purchased a ticket and he was standing at the gate of the compartment and he fell down near Punjabi Bagh flyover due to jerk and jostling of the passengers. The deceased was declared brought dead to the hospital where he was brought by a PCR van.

(3.) The only issue which is called for decision in this case is as to whether the deceased was a bonafide passenger i.e whether the deceased had purchased a train ticket for travel from New Delhi to Shakurbasti. In this regard the Railway Claims Tribunal has held that the deceased was not a bonafide passenger because no train ticket was recovered from the person of the deceased although various other documents were recovered being the identity card, PAN Card, Voter I.D Card, Driving Licence, ATM Card, etc. The relevant paras of the judgment of the Railway Claims Tribunal on this issue of the deceased being or not a bonafide passenger, i.e whether he had purchased a train ticket, are paras 1 and 2 and which read as under:-