MEERA NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this appeal, the order passed by the Railway Claims Tribunal, Chandigarh (Tribunal for short) on 20.5.2010 was challenged as the claim preferred by the appellants for the death of Suresh Chander Nigam, was dismissed.

(2.) THE case of the appellants was that the deceased was travelling to Ambala from Karnal by train on 10.6.2005 and he died in an accident because he fell out of the moving train. At the time of changing of signal/lines, the speed was suddenly accelerated by the driver due to which the deceased fell out.

(3.) COUNSEL for the appellants argued that despite holding that Suresh Chander had fallen out of the moving train, the claim was rejected for the reason that he was held not to be a bonafide passenger. It was submitted by the counsel that there was evidence on record to show that the deceased was holding a pass for the route on which he was travelling and this was evident from the fact that photocopy had been produced by the appellants as Ex.A2 and the original was also in possession of the widow.