SHAIKH YASMEEN BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally with the consent of learned Advocates for the parties.

(2.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (For short 'the Act of 1987') challenge is to the judgment and order dtd. 18/11/2016 passed by the Railway Claims Tribunal, Nagpur Bench, at Nagpur whereby the learned Member of the tribunal dismissed the claim filed by the appellants under Sec. 16 of the Act of 1987.

(3.) Background facts: Deceased -Shaikh Arshad Patel was the husband of appellant No.1 and father of appellant No.2. It is the case of the appellants that deceased alongwith his mother had gone to Nanded to meet his sister. On the same day, they were returning back to Aurangabad by Devgiri Express, train No.17058 with valid journey ticket from Nanded to Aurangabad. The mother of the deceased was sitting in the bogie. The deceased had gone towards the door of the bogie. It is stated that the deceased due to rush in the train and sudden jerk to the train fell from the running train at KM 276/9-277/0 near Pergaon Railway Station. The mother of the deceased during the course of journey heard the commotion and came to know from the co-passenger that one passenger had fallen down from the train. When she got down from the train at Aurangabad Railway Station the deceased was not in the bogie. She then realized that her son had fallen from the train. She went to home and informed the same to appellant No.1 and her husband. On next day, the dead body of the deceased was found by the key-man at the spot. It is stated that deceased was traveling with valid journey ticket. Deceased died in an untoward incident. The appellants being the dependent of the deceased claimed the compensation.