SANJU KUNWAR & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have challenged the order dated 04th June, 2014, whereby the Railways Claims Tribunal dismissed their claim.

(2.) Appellant No.1 is the widow and appellants No.2 to 4 are the children of late Harakh Nath Pandey. The appellants filed an application for compensation before the Railways Claims Tribunal claiming compensation on the ground that late Harakh Nath Pandey was travelling by an EMU train from Faridabad to Delhi Junction on 06th September, 2011 and he accidentally fell down from the overcrowded compartment of the train at Km 1534/43 near platform No.1 at Tilak Bridge Station and died on the spot.

(3.) The Station Master, Tilak Bridge Station in his report dated 13th June, 2012 (Ext. R-5) stated that no untoward incident occurred on the station on 06th September, 2011. However, DD No.15 PP dated 06th September, 2011, (Ext. A-6) of GRP, New Delhi Railway Station records the receipt of information from telephone No.9971630650 at 01:20 P.M. that a dead body was lying at platform No.1, Tilak Bridge Station whereupon GRP, NDRS handed over the case to Raghuvir Singh, ASI who in his report, Ex.A-16 recorded that the dead body had been identified by Dina Nath Pandey, elder brother of Harakh Nath Pandey. Raghuvir Singh, ASI submitted another report dated 11th September, 2011 (Ex.AW1/8) in which he contradicted his earlier report and recorded that the dead body of the deceased remained unidentified in the morgue till 11th September, 2011, when Dina Nath Pandey identified the body. Raghuvir Singh, ASI recorded the statement of one Kirpal Singh, Constable of RPF on 06th September, 2011 according to which the passengers told him that a passenger has fallen from the EMU train. Raghuvir Singh, ASI also recorded the statement of labourers named Ram Kumar and Vijay Kumar, according to which they saw a person falling from the train.