LAWS(DLH)-2018-4-289

JAGVEERI & ANR Vs. UNION OF INDIA

Decided On April 10, 2018
Jagveeri And Anr Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal impugns an order dated 10.11.2016 dismissing the appellant's claim for compensation from the Railways for the demise of their son Mr. Rahul Jatav in a rail accident. On 19.10.2015, Mr. Rahul Jatav was travelling in Kashi Vishwanath Express from New Delhi to Hapur, Uttar Pradesh alongwith his friend Mr. Wasim. On the way, near Mehrauli, Ghaziabad (UP), due to a sudden jerk in the train, he fell down and suffered grievous injuries. Later, he was stated to be taken to Maxwell Multispeciality Hospital, Ghaziabad, Uttar Pradesh, where he was declared dead.

(2.) The Railways registered the accident and initiated an inquiry. The crux of the DRM Report was that the deceased fell down from the train due to his own negligence leading to his death; that no passenger ticket was recovered from the body of the deceased, hence, there is no mistake on the part of the Railways to warrant payment of any compensation.

(3.) What emanates from the aforesaid is that Mr. Rahul Jatav died in the train accident, however, the claim for compensation filed by his parents was declined on the ground that he was not proven to be a bonafide passenger due to the non-recovery of the train ticket.