NANAK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have impugned the judgment dtd. 8/10/2012, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (in short 'the Tribunal'), vide which the application filed by the applicants- appellants for compensation was dismissed.

(2.) For brevity, the facts are that on 21/7/2011, Subhadra, mother of the applicants, was to go from village Chata to Phillaur, by train. She purchased a ticket upto Jalandar City to meet her son, who live at Phillaur. Her son Nanak Chand saw her off at Chata railway station at 1733 hours. When she boarded the train, there was heavy rush in the general coach. The train reached Phillaur railway station, where her son Satya Dev had come to receive her. While alighting from the train, Subhadra, who was aged about 70 years, slipped from the train, fell down and received injury on the head and was removed to Arora Nursing Hospital by her son, from where she was referred to DMC Hospital, Ludhiana. She died on the way to DMC Hospital. She was taken back to Arora Hospital. The GRP reached the hospital and two journey tickets one from Chata to Jalandhar City and one for excess fare ticket were recorded from her.

(3.) The respondents in the written statement had taken the stand that Smt. Subhadra was not a passenger of the train at the relevant time. She was also not a bonafide passenger. It was denied that she fell from the train. Infact, one lady was reported to be lying on platform No. 2, which shows that she had already completed the journey and at the relevant time, she was not a passenger of the train. Therefore, the railways is not liable to pay the compensation.