ASMA & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) C.M.No.19017/2014 (delay)

(2.) I have heard the learned counsel for the parties and have examined the file. It is not in dispute that the deceased Nurulais died on account of injuries sustained by him in a rail incident of 16.10.2011 at Hazrat Nizammuddin Railway Station. The case of the complainant is that on that day Nurulais was travelling from New Delhi to Mathura by Andaman Express. He accidently fell down from the crowded compartment of the running train due to jostling of passengers and sudden jerk at Hazarat Nizammuddin station and died at the spot. Nurulais lost his bag containing the rail ticket, money and other articles. The claim was contested by the respondent. It was urged that Nurulais was not a bonafide passenger and did not sustain injuries in an 'untoward incident'. Ticket for performance of the journey was not recovered. The victim had sustained injuries due to his own negligence. It was a case of run over by the train and not an accidental fall.

(3.) The appellant No.1 examined herself as AW-1 before the Tribunal and relied upon several documents. The respondent did not examine any witness but placed on record 29 enclosures (Mark 'R-1' collectively). After hearing the learned counsel for the parties and on appreciating the evidence and documents, the learned Tribunal came to the conclusion that it was a case of run over and the claimants were not entitled for the compensation.