MARIUM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have challenged the order dated 24th July, 2014, whereby their application for compensation had been dismissed by the Railway Claims Tribunal.

(2.) The appellants are the widow and son of late Kallu and they had filed an application for compensation before the Claims Tribunal claiming that on 30th December, 2010, Kallu was travelling with a valid second class railway ticket from Shahdara to Delhi by EMU train and he fell down due to sudden jerk when the train was passing through Kailash Nagar Railway line. The Claims Tribunal doubted the claim made by the appellants on the ground that intimation of the dead body lying at the railway track was given after about one hour of the train passed by. The Claims Tribunal further doubted the train ticket recovered from the body of the deceased. The Claims Tribunal held that the deceased was not a bona fide passenger of the train and it was a case of run over.

(3.) Learned counsel for the appellant urged at the time of the hearing that the train ticket was recovered from the body of the deceased. The Detailed Accident Report has been filed by the police according to which an information was received from PCR caller No.9990171566 whereupon the investigating officer went to the spot and found the dead body near the railway track between K.M. Pillar No.2/18 and K.M. Pillar No.2/19 near Kailash Nagar, Delhi. According to the post mortem report, the deceased suffered head injuries. The report filed by the police contains the photographs of the deceased. According to the site plan, the body was found lying along with the track between K.M. Pillar No.2/18 and K.M. Pillar No.2/19. The police seized the railway ticket from the body of the deceased.