UNION OF INDIA Vs. BEERO

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Shukla, learned counsel for the appellant and Sri Jaspreet Singh, learned counsel for the respondent. The instant appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the impugned award dated 22.01.2009 passed by the Railway Claims Tribunal, Lucknow in O.A. No. 0500241.

(2.) In brief, the dispute giving rise to the present appeal relates to an accident occurred on 31.01.2005. The deceased Satendra along with Ram Pal have boarded the Train from Devband to reach their destination at Khatauli. The deceased has purchased a ticket for second class journey before boarding the Train. When the Train reached between Mansoorpur - Khatauli Railway station, because of sudden jerk, the deceased fell down and succumbed to injuries on the spot. FIR was lodged and during the course of recovery of body, nothing was found from the possession of the deceased which includes cash, bag and purse etc.

(3.) The claimant approached the Tribunal and the Tribunal has allowed the claim petition and awarded compensation in pursuance to power conferred by section 123-A of the Act.