SHIV SINGH AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal impugns an order dated 01.09.2010 passed by the Railway Claims Tribunal, declining the appellants' claim for compensation on account of demise of their son Mr. Arvind Kumar, who allegedly died in an untoward railway accident.

(2.) It is the appellants' case that while travelling from a train on 15.01.2009 from New Delhi to Ghaziabad, the deceased fell-off near Mandavli Phatak due to a sudden jerk in the train; he sustained grievous injuries and was taken to Walia Nursing Home and thereafter to LNJP Hospital, New Delhi where he succumbed to his injuries on 19.01.2009. Since, the ticket was not found on him, the impugned order did not consider him to be a bona fide passenger. Although, the brother of the deceased-Mr. Rajeev Kumar had deposed that he had purchased a valid passenger ticket for the deceased. The impugned order did not believe his deposition for the reason that this statement was given to the police on 19.01.2009, i.e., 4 days after the accident.

(3.) The impugned order also referred to the police records pertaining to the case i.e. Exhibits AW1/5, AW1/6 and AW/10, wherein it did not find any evidence to show that the death was due to a fall from the train. The impugned order, inter alia, reads as under:-