FARJANA AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal against the judgment dated 29.05.2012 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short 'the Tribunal'), vide which the application of the applicants-appellants for grant of compensation on account of death of Yakub in an untoward railway incident, which occurred on 07.06.2011, was dismissed. The short facts, which are required to be noticed are that Yakub, who was an Electrician by profession had come from Saharanpur to Ambala Cantt. in search of work. On the night of 07.06.2011, he boarded a train from Ambala Cantt. to Chandigarh, after allegedly purchasing a railway ticket. When the train reached between railway stations Ambala Cantt. and Dhulkot at Km No.203/2-3, Yakub accidentally fell down from the train and died. Satish Kumar, key man informed the Station Master, Ambala Cantt. at about 9.40 hours on 08.06.2011 about the recovery of the dead body. A team of General Railway Police reached the spot and conducted the personal search of the dead body. Upon which, one Samsung mobile phone, one purse, one ticket from Saharanpur to Ambala Cantt., Rs. 310/- in cash and one voter identity card were recovered from the person of the deceased.

(2.) According to the applicants-appellants, the ticket from Ambala Cantt. to Chandigarh was lost in the incident.

(3.) The Tribunal after examining the evidence led by both the parties, came to the conclusion that the deceased was not a bonafide passenger. Hence, the claim application was dismissed. I have heard learned counsel for the parties and have also carefully gone through the case file.