FAKKAR MOHAMMED & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed by the appellants - Fakkar Mohammed and Abida Khatoon to challenge the legality and correctness of an order dated 11.07.2014 of the Railways Claims Tribunal (hereinafter 'the Tribunal') by which their claim petition filed was dismissed. The appeal is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. Claim petition was filed by the appellants before the Tribunal on 02.01.2012. It was averred that on 30.10.2011, the deceased Dil Hussain @ Badrul was going to Aluabari (West Bengal) from Delhi Railway Station to celebrate Eid along with his six friends/villagers. They all boarded the train Mahananda Express No.14084 from Delhi Railway Station. There was heavy rush in the compartment and the deceased and his six villagers/friends did not find any seat. They stood on the gate of the compartment. After some time when the train reached at Shahdara Railway Station due to jerk and jolt coupled with the pressure of the rush in the compartment, the deceased fell down from the moving train at Railway track K.M. Pole No.6/12- 6/14 P/F No.3 Shahdara Railway Station, Delhi. Due to this untoward incident, he died at the spot and was taken to GTB hospital where postmortem on the body was conducted.

(3.) The claim petition was contested by the respondent. It was alleged that the petitioners were not entitled to compensation as Dil Hussain @ Badrul was not a bona fide passenger in the train; no ticket was recovered from him. There was no evidence to prove if the deceased was travelling in the train No.14084, Mahananda Express from Delhi Railway Station to Aluabari (West Bengal) or he had purchased any ticket. It was further claimed that the injuries were not sustained by the victim in the train accident or on account of untoward incident; the injuries were self-inflicted.