BALU NARAYAN GAWALE Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present appeal , the challenge is to the judgment dtd. 20/3/2009 passed by the Railway Claims Tribunal, Mumbai dismissing the claim application of the Appellant.

(2.) The facts of the case as stated in the application is that the Appellant's son, who was unmarried had left home for work at Sion, Kurla on the fateful day i.e. on 14/4/2006. The Appellant No.1 was informed by his son that he was leaving for his native place near Kalyan. It was stated that the deceased purchased a ticket at Kurla and got into the local train, which was crowded and when the train was between KM 19/15-16 he received a jerk losing his balance and fell down from the train and sustained injuries and died on the spot. It was stated that the deceased son was having a valid ticket No.32580 from Kurla to Kalyan.

(3.) The incident was reported to the Station Superintendent. According to the police report it was stated that at about 14.05 hours, the Station Superintendent had given a memo and informed that one person aged 21 years was knocked down by some unknown train at KM 19/15-16 and died on the spot. In the inquest panchanama, it was stated that the deceased was knocked down by some local train. Respondent's case was that the deceased was a trespasser and while crossing the railway track he was knocked down by unknown local train. The deceased was taken to Rajawadi hospital for treatment where he was declared dead. Inquest panchanama was prepared and the body was sent for postmortem, which showed the cause of death due to head injuries.