VIJAY NAMDEV BARDE Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed by the original claimants challenging the judgment and award passed by the Railway Claims Tribunal in Claim application OA (IIu)/NGP/12/2019 dtd. 7/2/2020, whereby the claim for compensation filed by the present appellants came to be dismissed (parties are referred as per their nomenclature before the Tribunal).

(2.) Present claimants (appellants) are the parents of deceased Akash Vijay Barde, aged about 22 years, who had filed the petition for compensation on account of death of Akash in an untoward incident alleged to have occurred on 17/4/2018 when deceased Akash was travelling by train bearing No. 12132 Pune - Nagpur Express with valid ticket. When the train reached near Belapur Railway Station deceased Akash left the seat to attend the nature's call and was standing at the entrance of bogie after attending nature's call was pushed. Hence, he fallen on the railway track and sustained injuries. As per the contention of the claimants deceased accidentally fell down and sustained injuries and died on the spot. As the death of the deceased is caused while boarding in the train, the claimants claimed compensation.

(3.) The respondent-Railway contested the claim on the ground that the deceased was not a bona fide passenger and death of the deceased is not caused in an untoward incident. It is further contention of the Railway that the statement given by the cousin sister and her evidence is contradictory which shows facts are manipulated by the claimants. The statements given by the claimants and the witnesses before the Investigating Agency are not trustworthy and, therefore, Railway is not liable to pay compensation.