BHUKNI DEVI & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant appeal filed under Section 23 of Railway Accident Claims Tribunal Act, 1987, the appellants have challenged the order dated 19.09.2014 of Railway Claims Tribunal, Principal Bench, Delhi (hereinafter 'Tribunal') whereby their claim petition for grant of compensation on account of death of Pichhu Bind @ Ficho Vin was dismissed by the Tribunal.

(2.) The appellants are the legal heirs Boni Devi (mother), Bhukni Devi (widow), Ritesh and Mithlesh (minor sons) and Sharmila and Reshmi (daughters) of late Pichhu Bind @ Ficho Vin. They filed claim petition before the Tribunal claiming compensation amount of Rs.10 lacs on the ground that Pichhu Bind @ Ficho Vin (since deceased) was going to Faridabad from Okhla New Delhi Railway Station in an EMU train on 06.10.2011 against a valid railway ticket No.79893202. There was heavy rush in the compartment and the deceased stood near the gate. Due to heavy rush as well as sudden strong jerk of the said train, the deceased fell down from the moving train and suffered fatal injuries at KM no. 1505/24-26 platform no.3, FDN Yard. The matter was reported to GRP, Faridabad (Haryana) vide DD No.46 dated 06.10.2011. Post-mortem examination on the body was conducted at B.K.Hospital, Faridabad vide post-mortem report No. NIC103/BKH/11. It was pleaded that since the victim had died in an untoward incident due to negligence on the part of the railways, the appellants were entitled for the compensation.

(3.) The claim was contested by the railways. It was stated that the deceased was not a bonafide passenger; he did not die in an untoward incident. It was a case of run over while unauthorizedly crossing the railway track and his death was not due to fall from a running train.