RAM RATTAN AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal is filed under section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment dated 29.9.2016 of the Railway Claims Tribunal (RCT) dismissing the claim petition filed by the appellants/claimants. The case of the appellants was that the deceased Sh. Jaivir Singh Tomar was a bonafide passenger travelling from New Delhi to Agra Cantt. by Jhelum Express train. It was pleaded that when the train reached Nizamuddin railway station, the deceased got down from the train to fetch drinking water and after re-boarding the train, he was standing near the gate. It is further pleaded that the train took a heavy jerk, and as a result of which the deceased fell down from the moving train and died. It was therefore pleaded that there was an untoward incident as defined under section 123(c) of the Railways Act, 1989 (hereinafter referred to as 'the said Act') read with Section 124-A of the said Act, and therefore, statutory compensation of Rs. 8 lacs be granted.

(2.) The RCT framed two issues as to whether the deceased was a bonafide passenger and whether there was an untoward incident, and which expressions are found in Section 123(c) and Section 124-A of the said Act, and which Sections read as under:-

(3.) (i) RCT has decided both the issues against the appellants/claimants holding that the deceased was a bonafide passenger and that the deceased died out of his own negligence as he was trying to board a running train when the train was passing through the Nizamuddin railway station where it had no scheduled stoppage. RCT has held that the deceased was a bonafide passenger because no train ticket was recovered from the person of the deceased. RCT held that though out of the belongings of the deceased recovered at the spot various items such as mobile phone, cash, visiting cards etc were recovered but no journey ticket was recovered and therefore when other belongings were recovered but the ticket was recovered, hence the deceased was a bonafide passenger.