NEKI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) WITH consent, the appeal is finally heard. This appeal under Section 23 of the Railways Claims Tribunals Act, 1987 is directed against the order dated 7 -10 -2010 passed by the Railways Claims Tribunal; whereby, the Claim Application filed by the appellant under Section 16 of the 1987 Act for compensation in lieu of the death of Shankar Sasane, husband of appellant No. 1 and the father of appellant Nos. 2 to 4, has been rejected.

(2.) THE facts as borne out from the record are that on 16 -5 -2006 Shankar Sasane (the deceased) while travelling ex -Burhanpur to Khandwa by Train No. 1057 Dn. Dadar Amritsar Express died in an untoward incident when due to jerk he fell down from the running train and was runover. Station Master, Burhanpur informed GRP, Burhanpur, who took him to Nehru Government Hospital, Burhanpur where he was declared brought dead. After observing necessary formality, i.e., registering the case vide Merg No. 07/06, dated 16 -5 -2006, preparation of Panchayatnama and the post -mortem, the body was handed over to the appellants.

(3.) THE claim was denied by the respondent -Railways on the ground that the deceased was not bonafide passenger and that death was not arising out of untoward incident.