DAYAWATI AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant preferred the first appeal against the judgement dated 29.11.2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (herein after referred to as "the Tribunal") vide which the application of the appellants for the grant of compensation on account of the death of their son, Devraj, in an untoward incident on 16.11.2011, was dismissed.

(2.) The Railways in the written statement has taken the stand that the deceased was not the bonafide passenger of the train as no ticket was found from him. Only Rs. 450/- were recovered from the personal search of the deceased. Even if the accident had taken place, it was due to the negligence of the deceased.

(3.) The report of Ramdev, Petrolman (Ex. A-4) shows that on 16.11.2011, a dead body of a man was found lying between IIIrd line and down main line after the rail accident at about 5.00 A.M. near the railway track at KM 1499/11-12. Since, the deceased belong to Ferozepur City and his sister is living in Mathura, it is not acceptable to the reasoning that the deceased was walking along the railway track at Balabhgarh, which is far away from Mathura as well as from Ferozepur. It is also to be noticed that the left leg of the deceased was amputated and he was having artificial leg which was found during the inquest proceeding of the General Railway Police (GRP). The inquest proceeding of the GRP shows that there was injury on the backside of the head of the deceased and there were also some bruises on the other part of the body. The GRP as well as the post mortem report shows that the deceased died due to railway accident. Therefore, the involvement of railways is there. Now, the only question left for consideration is as to whether the deceased fell from the train or not.