SANGEETHA BACHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 challenging the Judgment and Award dtd. 26/11/2019 passed by the Railway Claims Tribunal, Nagpur rejecting the compensation in favour of the appellants.

(2.) The facts giving rise to the present proceedings are that: The appellant No.1 is the wife and the appellant Nos.2 and 3 are the children of deceased Manoranjan Bachad. The said Manoranjan Bachad lost his life in an accidental fall from running train on 5/4/2017 near Sirpur Railway Station. An amount of compensation to the extent of Rs.8,00,000.00 was claimed towards the compensation by the claimants/appellants.

(3.) As per the contention of the claimants, the deceased went to Secunderabad from Sirpur on 5/4/2017 for his medical checkup in Yeshoda Hospital. He had purchased the ticket for returning back to Sirpur and boarded in Bhagyanagar train. During the journey, he slept and could not alight from the train at Sirpur Railway Station and proceeded up to Balharshah. After acknowledging the fact that, he travelled ahead, he purchased the ticket at Balharshah to Sirpur and boarded in Bhagyanagar Express and when the train arrived at Sirpur Railway Station, while getting down from the train, he accidentally fell down from the train and sustained injury. He was shifted to Government Hospital, Sirpur, where the Medical Officer declared him dead. Reference is made about loss of ticket in regarding the express Balharshah to Sirpur dtd. 6/4/2017 by the claimants.