BALDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 23 of Railway Claims Tribunal Act, 1987 has been filed by the claimant against the judgment dated 30-9-2010 passed by learned Railway Claims Tribunal, Bhopal in Case No. OA-47/2007 whereby the claim application of the appellant has been rejected. In brief the case of claimant/appellant is that his son Bhagwandas Raikwar (hereinafter referred to as "deceased") was murdered in a violent attack by some anti-social elements while travelling in the train as bonafide passenger. The deceased was going from Bina to Ganjbasoda by Train No. 1590 up on 6-11-2006 holding a valid Second Class General Ticket, which was lost in the incident. During the journey some anti-social elements assaulted him by weapons as a result of which deceased succumbed to the injuries, Hence, an application for awarding compensation has been filed before the learned Railway Claims Tribunal.

(2.) The written-statement was filed by the Railway Administration denying the alleged incident and by pleading further that said incident would not come within the ambit and sweep of Section 123(c)(ii) of the Railways Act, 1989 (in short "Act of 1989"). It is also denied that deceased was a bonafide passenger in the Train.

(3.) Learned Tribunal framed necessary issues and after recording evidence of the parties, came to hold that the deceased was a bonafide passenger, this fact was not proved and eventually dismissed the claim application. In this manner, this appeal has been filed by the appellant.