USHABAI MANGAL DESHMUKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Member of the Railway Claims Tribunal, Nagpur Bench dated 30th August, 2013 in Claim Application No.OA(llu)/NGP/2011/0162, the original Applicants have preferred this appeal.

(2.) Brief facts giving rise to the present appeal are as follows:

(3.) The learned counsel for Appellants / original Applicants submits that on 24th September, 2010 deceased Mangal Deshmukh was travelling by train having valid ticket from Pachora for Mhasawad. Due to heavy rush, he fell down from the running train on down Railway track near Km. 396/13-15 in Bornar Shivar. In consequence of which, he sustained severe injuries and died on the spot. The learned counsel submits that incident was informed on 24th September, 2010 at about 08:00 am by Sanjay Baliram Patil, Deputy Station Master, Mhasawad to MIDC Out-Post, Mhasawad and accordingly, report was registered in the said Police Station vide No.55 of 2010. The ticket was misplaced and could not be found. Postmortem was conducted by Dr. Ajay B. Sonawane, Medical Officer, Civil Hospital, Jalgaon. The learned counsel submits that deceased Mangal was a bona-fide passenger and all the documents are supporting the case of the Appellants / original Applicants. The learned counsel submits that railway tickets are always sold irrespective of any space available and without considering the convenience of the passengers. Due to the said irresponsible approach of the Respondent / railways, the accidents are increasing day-to-day. There is an irresponsible handing of the traffic of the train. The Respondent / railways is totally responsible for the loss and damages caused to the legal heirs of deceased Mangal. The learned counsel submits that the Appellants / original Applicants have proved their case and there is no evidence to substantiate the case as put forth by the Respondent/ railways.