GENDAKALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal under Sec. 23 of Railway Claims Tribunal Act, 1987 has been filed against the award dtd. 24/6/2021 passed by Member, Railway Claims Tribunal, Bhopal in Case No.OA/IIu/BPL/068/2019 by which the claim petition filed by the appellants for grant of compensation has been rejected mainly on the ground that the claim of the appellants is hit by Sec. 124-A of Railways Act, 1989 and secondly, the deceased was not travelling with a valid ticket.

(2.) Since the date of the incident and the death of the deceased are not in dispute, therefore, the only questions for consideration are:

(3.) It is the case that when the deceased was trying to deboard a moving train, he slipped on the platform, as a result, both of his legs were badly damaged. Since the deceased was all alone, therefore, his son was informed. A Roznamcha Sanha, A/1 was recorded by Sub- Inspector, R.P.F. outpost Beohari on 26/6/2018. The said Roznamcha Sanha reads as under: