CHANDRAKALA KRISHNARAO KALE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under sec. 23 of the Railway Claims Tribunal Act, 1989 has been preferred by the parents of one deceased Pradip Krishnarao Kale impugning the judgment and order dtd. 15/6/2017 passed by the Railway Claims Tribunal, Nagpur in case No. 27/ O.A.II/RCT/NGP/2004 rejecting the claim for compensation from the respondentrailway made on account of the death of their son Pradip purportedly in an untoward incident on 30/3/2003.

(2.) Earlier on, the claim application by the appellants was dismissed by the Division Bench of the Railway Claims Tribunal, Nagpur on 30/9/2004. Against this order the appellants had moved the Nagpur Bench of the Bombay High Court and the same was allowed on 22/3/2017, whereby the Railway Claims Tribunal, Nagpur was directed to restore and adjudicate afresh in the matter in accordance with law. Accordingly, the Railway Claims Tribunal, Nagpur restored the matter and heard the matter afresh and has passed the impugned judgment and order dtd. 15/6/2017.

(3.) It is the case of the appellants that their son Pradip went to Mumbai on 27/3/2003 for some private work from Nagpur. It is stated that when he left the house he told the appellant No. 1 that probably he would come back on 31/3/2003 to Nagpur by Sevagram Express; that their son had also left a telephonic message with their neighbour about arriving Nagpur by Sevagram Express on 31/3/2013. That their son while travelling by 1439 Dn. Sevagram Express Ex Dadar to Nagpur accidentally fell down from the running train at Dahegaon Railway Station and his dead body was found at Dahegaon station on 31/3/2003. Although no ticket was found on the person of the deceased, it has been claimed by the father of the deceased in his evidence affidavit that the deceased must have purchased a journey ticket Ex Dadar to Nagpur as no person will travel such a long distance without a ticket due to massive ticket checking and that the journey ticket of the deceased was lost in the alleged incident.