LAWS(DLH)-2018-1-206

SALMA & ORS Vs. UNION OF INDIA

Decided On January 08, 2018
Salma And Ors Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Present appeal has been preferred by the appellants under Section 23 of the Railway Claims Tribunal Act, 1987 to challenge the legality and correctness of an order dated 08.05.2015 whereby their claim petition to award compensation was dismissed. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file.

(3.) Claim petition was filed by the appellants before the Railway Claims Tribunal (hereinafter 'the Tribunal') on 19.09.2013. It was averred that on 02.04.2013 the deceased Kayyum was travelling from Delhi Railway Station to Nangloi Railway Station in D.J. passenger train. The deceased stood in the gallery of the train compartment near the gate. The train crossed Mangolpuri Railway Station and reached at Mangolpuri underpass near a liquor shop. Due to sudden jerk and push of the crowd, the deceased fell down from the running train and sustained injuries. He was taken to Sanjay Gandhi Memorial Hospital where he was declared 'brought dead'. It was further averred that the deceased had a wallet containing Rs. 3,000/-, railway journey ticket, hand bag and some documents which he got misplaced.