RAMAAVATAR @ RAMOTAR PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all three appeals arise from the judgment dtd. 23/12/2016 passed by Railway Claims Tribunal, Bhopal, therefore, same are being decided by this common order.

(2.) The claimants have filed these appeal i.e M.A. Nos. 657/17, 653/2017 and 655/2017 challenging the judgment dtd. 23/12/2016 passed in OA / IIu / BPL / 2012 / 0299, OA / IIu / BPL / 2012 / 0385 and OA / IIu / BPL / 2012 / 0251, respectively, by learned Railway Claims Tribunal, Bhopal.

(3.) The concise account of the case are that on 16/4/2011, a group of 8 to10 persons went to Maihar for tonsure ceremony of Rajesh (son of appellant Ramaavtar). While returning on 17/4/2011, they boarded on train No.51672 (Satna-Itarsi Passenger) which was overcrowded and while the train started moving, the victims Loli Bai, Indramati and Rajesh fell down from the train and got trapped and ran over by another train passing at the very moment resulting into death of all three on the spot. By filing a written statement, the respondent-Railway denied the accident stating that indeed the deceased persons were crossing the railway lines, while they were hit by a passing through train. The written statement was also supported with the D.R.M. report.