BAPU DADARAO SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard the learned Counsel appearing for the parties. The appellants were the original claimants in a claim petition filed under Section 124A of the Railways Act, 1989 who have challenged the Judgment and Order dated 12th April, 2004 passed by the learned Members of the Railway Claims Tribunal, Bombay Bench at Bombay. The learned Advocate for the appellants has placed on record a compilation containing true copies of pleadings, notes of evidence and all the documents produced before the Tribunal.

(2.) According to the case made out by the appellants in their claim petition, the appellants are the parents of one Milind Bapu Shinde. According to the appellants, the said Milind was travelling by a local train from Bhandup Station to Churchgate station via Dadar. According to the appellants, the said Milind fell down from a running train near Ghatkopar railway station at about 8:30 a.m. on 14th September, 1999. He sustained injuries as a result of the accidental fall from the train and he succumbed to the injuries on 15th September, 1999. According to the case of the appellants, the deceased was a bona fide passenger and was victim of an untoward incident within the meaning of Section 123(c)(2) of the said Act of 1989.

(3.) The claim petition was opposed by the respondent by filing written statement. The written statement is of general denial.