NEELAM RANI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal filed against the judgment dated 10.07.2014 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred as 'the Tribunal) vide which the claim application filed by the claimants (appellants herein) was dismissed.

(2.) The brief facts of this case are that Harish Kumar son of Chaman Lal along with with his elder daughter Poonam, had gone to visit his daughter at Amritsar on account of Rakhi festival. It comes out that while coming back to Jagadhri, Harish Kumar and Poonam, who was stated to be carrying a minor child in her lap, came from Amritsar to Jalandhar by Bus. As per the version of Poonam they purchased a computerized ticket for two persons at Jalandhar railway station and boarded the Chattisgarh Express for Jagadhri. When the train reached near Jagadhri workshop railway station, Harish Kumar went near the gate of the coach, the train took a jerk and Harish Kumar accidentally fell from the train. The train was immediately stopped. Her daughter Poonam immediately alighted and arranged for the ambulance and took her father to Railway Hospital, Jagadhari in ambulance where Harish Kumar was declared dead by the doctors. It is stated that the ticket was lost in the accident.

(3.) The respondents have stated that the deceased was not a bona fide passenger as no ticket was produced by the applicant. No such alleged accident resulting in death of Harish Kumar took place within the meaning of section 123 of the Railways act, 1989 (for short the Act ) From the pleadings the following issues were framed:-