KUWARBAI LAKHA SARVAIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal challenging the judgment of dismissal of the claim application bearing No. OA /IIu/2011/0371 by the Railway Claims Tribunal, Mumbai Bench dated 21st October, 2016.

(2.) The facts are as follows;

(3.) On 15/03/2011, deceased Lakha Jadhav Sarvaiya (hereinafter referred to as "deceased Lakha") along with his relative Chhagan Keshav Wala boarded a local train at Kings Circle station at 7.45 a.m. They had purchased two railway tickets for their respective destinations namely Mira Road and Borivali. When Chaggan Keshav Wala alighted at Bandra for catching further local train for Borivali, he could not see deceased Lakha. It is the contention of the appellants who are widow and son of deceased Lakha that when the local train reached between K.m. No.11/14- 15 between Kings Circle and Mahim Station, deceased Lakha fell down from the running local train due to pushing from overcrowded compartment. He fell down resulting into serious injuries and subsequently died on the spot. It is contended that the journey ticket which was in possession of deceased Lakha lost during the incident.