KAMLA & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) At the outset, the learned counsel for the appellants states that the name of appellant No. 2 be deleted from the array of parties. It is so ordered.

(2.) The appellants' claim for compensation for the demise of their son Munna in a rail accident, was declined by an order dated 07.03.2016 by the Railway Claims Tribunal on a technical ground. It is the appellants' case that on 03.09.2014 her son Munna aged about 17 years, who was travelling on a train from Hazrat Nizamuddin to Kota, died in a Railway accident at Bhakuli, when due to a sudden jerk and push from inside, he fell outside the railway compartment; his body hit against a pole due to which he suffered fatal injuries and died on the spot. This is not in dispute. Indeed, the inquiry initiated by the Railways resulted in a report. It has been so recorded in the impugned order:-

(3.) In other words, the falling of the passenger from the train and his subsequent demise due to the said accident is not in doubt. What has to be seen now is whether he had a valid train ticket. It is the appellant's case that a valid train ticket for Rs.140/- was bought and handed over to him at Hazrat Nizamuddin Railway Station, which he had kept in his bag. Deposition to this effect was led by the appellant- mother of the deceased. It was stated that the deceased had lost his bag containing the railway ticket, clothes and some of the articles. This deposition has not been shaken; therefore, her evidence would have to be accepted. It would be now for the Railways to establish that the deceased had no ticket or that he was not a bona fide passenger. The Railways have not discharged this burden. The impugned order had reasoned, inter alia: