PARAMJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimants widow, minor daughter and father of the deceased Sukhwinder Singh filed a claim application seeking compensation to the tune of '30 Lacs from the respondent on account of death of said Sukhwinder Singh in the railway accident alleged to have taken place on 12.7.2006.

(2.) Case of the petitioners as stated in the claim application is that on 12.7.2006, Sukhwinder Singh was travelling in train No.626-A for journey from Sunam to Gurne. After alighting from the train at Railway Station, Gurne, he moved for his Village Chotian on Kachha path. In the railway premises i.e. yard of Railway Station, Gurne, electricity pole was fixed and due to slip of foot, Sukhwinder Singh fell down on the wires of electric pole and died due to the electric shock. The death of the deceased was due to the negligence on the part of the railway authorities.

(3.) After notice, railways have contested the claim application with the preliminary objections regarding maintainability and the claim being highly exaggerated. It has been submitted that the deceased was not a bona fide passenger nor holding valid ticket or document to travel in the train. On merits, it was averred that the claimants have failed to produce any document to prove the relationship with the deceased and have denied that no such incident had taken place. The Railway Claims Tribunal, Chandigarh (for short - 'the Tribunal') framed following issues:-