APRNA VITTHAL KHARADE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred by the appellants/ original applicants against the judgment and order of the Railway Claims Tribunal, Mumbai (for short "the Tribunal"), whereby the Tribunal has dismissed the claim petition of the appellants.

(2.) Brief facts of the case are as under :

(3.) Learned counsel for the applicants submits that the Tribunal failed to consider that that the deceased was bona fide passenger in the said train. The deceased had received a forceful push from the other passengers and accidentally fell down from the Madgaon-Diva KR6 UP running train. The Tribunal has not considered the statement of the RPF, Pen who informed the Station Manager on walkie-talkie that a person had fallen down from the said train and got injured. This evidence goes to show that the deceased had fallen down from the running train but it was not considered by the Tribunal. Hence, requested to allow the appeal.