SATNAM KAUR AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed against the judgment dated 19.12.2011, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short, 'the Tribunal'). vide which, the claim application filed by the applicants/ appellants was dismissed.

(2.) The facts of the case, as gathered from the file, are that on 27.8.2010 Kabal Singh aged about 18 years, who was son of the applicants, purchased a 2nd class ordinary ticket bearing No.76377 ex-Jhawar to Chhinna. He was travelling on train No.8 ABP (DMU) from Jhawar railway station to Chhinna and going to his village. He was standing near the door of the train. When the train reached near Dhariwal canal, Kabal Singh who was apparently standing near the door and peeping outside struck against the railway bridge and fell down in Dhariwal canal and died of drowning. His body was recovered three days later.

(3.) In the written statement, respondents have taken usual stand that the deceased was not a bona fide passenger and there was no negligence on the part of the respondents. From the pleadings, following issues were framed:- 1. Whether the deceased was a bona fide passenger at the time of incident? 2. Whether the incident is covered within ambit of section 123 (c)(2) read with Sec. 124-A of the Railways Act? 3. Whether the applicants are the sole dependents of the deceased?