RAJBIR SINGH & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal is filed under Section 23 of Railway Accident Claims Tribunal Act, 1987, impugning the judgment of the Railways Claims Tribunal dated 23.05.2014 whereby the claim petition filed by the appellants was dismissed. The appeal is contested by the respondent.

(2.) Briefly stated the facts of the case are that the deceased Mohan, appellants' son, while travelling by train No.19023 Janta Express from Shakurbasti to Rohtak on 18.09.2012 accidently fell down from the running train near the housing board colony and suffered injuries. Subsequently, he succumbed to the injuries on 27.09.2012. It is claimed that the deceased was a bonafide passenger and had a valid MST. The claim petition was contested by the respondent before the Tribunal and it was averred that the victim was not a bonafide passenger; he did not sustain injuries due to fall; there was no accident on 18.09.2012 near housing board colony, Rohtak Railway Station, Haryana. The Tribunal had no territorial jurisdiction to entertain the claim.

(3.) On the basis of the averments, following issues were framed: