JASBIR KAUR AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 31.10.2012, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (in short 'the Tribunal'), vide which the claim application filed by the present appellants was dismissed.

(2.) FACTS of the case are that Gurjeet Singh (since deceased) son of the present appellants had gone to Delhi on 20.5.2007 for some work of his employer, namely, Punjab Crockery House, Amloh, Khanna. On 22.5.2007, when the deceased was returning from Delhi by train No. 5707 Up, he accidentally fell down from the said train near Gate No. 145 -C, near Railway Station Sirhind. The deceased sustained grievous injuries and died at the spot. On the memo issued by the Station Master, Sirhind to GRP, inquest proceedings were conducted and it was found to be railway accident as a result of fall from the train. The deceased was travelling in 2nd class compartment and had a valid journey ticket, which got lost during untoward incident as the luggage and bag of the deceased could not be recovered. It is further stated that it has been held by the Courts that it is the duty of the Railways/respondent to prove that the alleged incident was not a untoward incident as mentioned in Section 124 -A read with Section 123(c)(2) of the Railways Act, 1989 and the deceased was not a bonafide passenger at the relevant time of untoward incident.

(3.) FROM the pleadings, following issues were framed: - -