JAMINUL NISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT appeal lays a challenge to the order dated 20th November, 2006 passed by the Railways Claimstribunal, Principal Bench, delhi dismissing the claim application of the appellants.

(2.) APPELLANTS had filed a claim application under Section 124-A of the Railways Act, 1989 claiming compensation in sum of Rs. 6 lakh on account of the death of late shri Sarfaraj Khan (hereinafter referred to as the deceased) alleged to have been caused when he had accidentally fallen from to train.

(3.) IN the claim application it was averred that on 10th May, 2003 the deceased had boarded E. M. U. passenger train G. D. M. 1 from Nizamuddin Station for a journey from nizamuddin to New Delhi Railway Station. That since the train was over-crowded the deceased got a place near the door of a compartment of the train. That at around 8. 45 a. m. when the train was approaching Tilak bridge Railway Station there was a sudden jerk due to which the deceased fell down from the train and died of injuries received as a result thereof. That the deceased was a bona fide passenger and that the death of the deceased was a result of an 'untoward incident' which happened when he was travelling in e. M. U. passenger train G. D. M. 1. That the deceased was self-employed and earning his livelihood by working as a painter. That the appellants are the widowed mother and sister of the deceased and were dependent upon the earnings of the deceased.