SUNITA MAUDGIL AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against the judgment dated 23.7.2009 passed by the Railway Claims Tribunal, Chandigarh vide which the claim application filed by the appellants-applicants was dismissed.

(2.) The facts of the case are that Davinder Maudgil was a Bank Manager by profession. On 2.5.2007, he was to go to Delhi from Hoshiarpur. He purchased a reserved Railway ticket for Train No.4034-A ex-Hoshiarpur to Delhi. The train was scheduled to depart at 7:15 p.m. Davinder Maudgil missed the said train. However, one of his friends Surinder Singh met him and advised him to board passenger Train No.15- JH from Railway Station, Khurd as there was enough time to reach Railway Station, Khurd. Then, Surinder Singh took him in his car to Khurd Railway Station. When they reached at the Station, the train was about to move, Davinder Maudgil tried to board the train but could not hold the handle and fell down and died on the spot.

(3.) In the written statement, the Railway has claimed that deceased was not a bona fide passenger and not having a valid ticket for said train No. 15-JH. He tried to board the running train which is his own Criminal act and negligence.