SATYA NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Miscellaneous Appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the judgment dtd. 25/02/2020 passed by Railway Claims Tribunal, Bhopal Bench, Bhopal (M. P.) in Claim Case No.OA-IIu/BPL/152/2017, by which the claim petition filed by the appellants under Sec. 16 of Railway Claims Tribunal Act, 1987 has been rejected on the ground that the appellants have failed to prove that deceased Sunil Yadav was bonafide passenger.

(2.) Brief facts of the case are that a claim petition was filed by claimants / appellants before the Railway Claims Tribunal, Bhopal to get compensation for the death of their son Arvind Namdev in untoward incident, alleging that on 14/08/2016 the deceased, who was unmarried was travelling from Delhi to Jhasi by unknown train holding a valid second class ticket. During the journey he fell down from train near Datia Railway Station due to jerk and sustained grievous injuries. The deceased was brought to District Hospital, Datia by 108 Ambulance, where he was declared dead. The ticket which was held by the deceased, was lost in the incident. In the claim petition claimants claimed a sum of Rs.8,00,000.00 (Eight lakhs) as compensation with 18% interest.

(3.) The stand of the respondent before the Railway Claims Tribunal, Bhopal was that the deceased was not a bonafide passenger. It was alleged that as per investigation report, the deceased was trying to alight from thru passing train No.12618 UP Mangla Express and fell down because of own negligent act. No journey ticket was recovered from the body of deceased. Hence, claimants are not entitled for any compensation and prayed for dismissal of petition.