SAVITRI DEVI & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed by the appellants to challenge the legality and correctness of an order dated 22.07.2014 of the Railways Claims Tribunal (hereinafter 'the Tribunal') by which their claim petition was dismissed. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. Perusal of the file reveals that the claim petition was filed by the appellants and it was averred that on 13.06.2012 Chhote Lal while travelling by a local train from Faridabad to Okhla accidently fell down and died at the spot. The claim petition was contested by the Railways and it was urged that the victim was a vendor and was not a bonafide passenger in the train.

(3.) Savitri Devi - victim's wife, examined herself as AW - 1 and relied upon documents A - 01 to A - 20. The respondent did not produce any evidence in defence but relied upon documents Mark R - 1 to R - 28. After considering the rival contentions of the parties and on appreciating the evidence, the Tribunal observed that Chhote Lal was an unauthorized vend or selling water bottles in trains/station and was not a bonafide rail passenger; the appellants were not entitled for any compensation.