JAISHREE VIJAY GONDAKE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed challenging the order dated 31st January, 2018 passed by the Railway Claims Tribunal, Mumbai, whereby the application made by the legal heirs of the deceased came to be rejected on the ground that the deceased was not a bonafide passenger, because no ticket was found and the deceased was trespassing the railway lines and was hit by a moving train. Therefore, after looking at the injuries, the Tribunal came to a conclusion that it is not a case of falling down from the train, but negligence of the deceased in crossing the railway lines.

(2.) I have heard learned counsel for the Appellants and Respondent.

(3.) The issues which arise for my consideration are :-