SHANTI Vs. UNION OF INDIA

JUDGEMENT

(1.) Claimants have filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 being aggrieved by the judgment dated 24/10/2007 passed by Railway Claims Tribunal, Ghaziabad Bench, Bhopal in Original Application No.168/2004, dismissing the claim application filed by the claimants.

(2.) The claimants i.e. wife, three daughters and one son have filed claim petition under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Railways Act') seeking compensation for death of Rajesh aged 27 years doing job of labourer. It is averred that on 20/2/2001 deceased-Rajesh was travelling in Itarsi-Nagpur Passenger Train from Betul to Amla having the second class journey ticket. Due to heavy rush in the train, he could not find the seat and was standing near gate of the boggy. The deceased received some jerks of the train and push of by the co-passengers, however, fell down from the running train in between Km.863/20-22 and received grievous injuries on various parts of body to which ultimately succumbed to death. It is stated that the journey ticket was lost in the incident, however, the compensation as prescribed under the law was prayed for.

(3.) The Railways by filing written statement have denied the averments of the claim application and contended that the deceased was not the bona fide passenger. It is said that on receiving message from Keyman Hari Ram Subedar laying a dead body of unknown person on the Down Track of Malkapur road and Barsili, the Panchnama of the spot was prepared, but, it is said that the deceased was not the bona fide passenger, therefore, compensation may not be awarded and the Claims Tribunal has rightly dismissed the application.