BINDU PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the claimants under Sec. 23 of Railway Claims Tribunal Act 1987 (in short 'The Act, 1987') against the order of the Railway Claims Tribunal, Bhopal dtd. 6/12/2018 and judgment dtd. 14/1/2019 passed by Member Technical Railway Claims Tribunal (hereinafter referred to as 'the Tribunal'), Bhopal rejecting the claim petition on the ground that deceased Arun Pal was not a bona-fide passenger and Railway has no obligation to pay compensation u/S.124-A. of Railways Act, 1989.

(2.) The appellants had filed the claim petition under Sec. 16 of Railway Claims Tribunal Act bearing claim application No.O.Allu/BPL/2016/0118 seeking compensation on account of death of Arun Pal who happens to be husband of appellant no.1 and father of appellant nos.2 &3 with a plea that on 1/6/2014 Arun Pal was traveling from Mhow to Ratlam by Train holding a valid ticket and he accidentally fell down due to the train being heavily crowded and owing to a sudden jerk, at 44 Kms L.P.L.C between 31 & 31X. As a result he suffered grievous injuries and died on the spot. It is also alleged that the ticket was also lost in the incident.

(3.) On 31/8/2018, while deciding the claim application there was a difference of opinion between the two members of the tribunal, wherein one Member (Judicial) has passed an order in favour of the applicants, whereas the other Member (Technical) dismissed the claim application. Therefore, the matter was referred to the Chairman, Railway Claims Tribunal, Principal Bench, Delhi and the Chairman according to Sec. 21 of 'The Act, 1987' nominated Shri Sanjiv Dutt Sharma, Member Judicial, RCT, GZB, At Bhopal Bench for hearing the case as 3rd Member. The Third member of the Tribunal affirmed the judgment passed by Member Technical and dismissed the application of the appellants on 6/12/2018 holding that the husband of the appellant no.1 was not a bonafide passenger and the injuries sustained by the deceased was not a result of fall from the train rather it was a case of run-over. Thereafter vide order dtd. 14/1/2019, learned Member Technical Dr. Dinesh Kumar Tripathi finally dismissed the claim application on the basis of judgment passed by the Third Member, vide judgment dtd. 14/1/2019. Therefore, being aggrieved by the aforesaid impugned orders the present appeal is preferred.