MOHD ISRAIL KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appeal has been preferred at the instance of the Original Claimant whose claim for compensation filed under Sec. 16(1) r/w Sec. 13(1-A) of Railway Claims Tribunal Act, 1987 r/w Sec. 124-A of the Railways Act, 1989 on account of death of their son in an incident of 19/9/2014 has been dismissed by the Railway Claims Tribunal by the impugned Judgment dated 19 th July 2019.

(2.) The facts of the case are that an Application came to be filed by the present Claimants before the Accident Claims Tribunal pleading that their son was travelling from Kurla to Reay Road on 19/9/2014 and accidentally fell down from the running train near Kurla Station and sustained head injuries and expired on 24/9/2014. It was further pleaded that the deceased was travelling in II nd class compartment holding valid IInd class return ticket from Kurla to Reay Road and that the same was lost in accident. In support of the Application the Applicants produced the copy of Station Master memo, copy of Police Report, copy of Inquest Panchanama, copy of police Statement, copy of Death Certificate, copy of Ration Card, copy of Aadhar Card, and copy of bank Pass Book and relied upon the spot panchanama and the postmortem report.

(3.) The defence of the Railways was that the alleged incident is not an untoward incident and that the deceased was not bonafide passenger. The Respondent produced the DRM's Report on record.