LAWS(P&H)-2013-1-608

HEERWATI AND OTHERS Vs. UNION OF INDIA

Decided On January 09, 2013
HEERWATI AND OTHERS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) A claim petition was filed by the appellants, who are family members of the deceased Ramesh Chand by stating that Ramesh Chand was going to meet his in-laws' at Damkaur from Palwal and at the time of boarding at Railway Station Damkaur, he struck with a train and received fatal injuries. An information of the accident was sent to cousin of Ramesh Chand and his wife. Thereafter, the injured died due to fatal injuries. Panchnama was conducted in the presence of family members.

(2.) The said claim petition was dismissed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (here-in-after called as "the Tribunal") vide award dated 30.03.2012.

(3.) The appellants have challenged the award/judgment dated 30.03.2012 passed by the Tribunal on the ground that there were some contradictions in the statements of widow of the deceased and eye witness, whereas, a specific averment was made by AW-2, Om Parkash that the incident occurred in his presence and the deceased had also purchased ticket in his presence. The eye-witness account has not been taken into consideration and some minor contradictions are bound to occur in the statement of such like case of accident.