SUMITRA BAI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal against the judgement dated 31.07.2012 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the Tribunal ) whereby the application filed by the appellants-claimants for grant of compensation on account of the death of Ranjeet Singh on 20.08.2010 in an untoward incident, was dismissed.

(2.) It comes out that on the night of 19.08.2010, Ranjeet Singh (deceased) accompanied by his co-villagers, Satyawan and brother-in-law Bablu, had left their native place Itarsi to visit Vaishno Devi. All three of them boarded the train No. 1077 (Jhelum Express) from Itarsi railway station which was bound for Jammu Tawi. It is stated that when the train reached between the stations Bhaini Khurd and Taraori, due to the heavy jerk of the train, Ranjeet Singh fell down from the train and received multiple injuries and died on the spot. The deceased was having the railway ticket bearing Sr. No. 97190300 dated 20.08.2010 amounting to Rs. 222/- issued by the Itarsi railway station authorities.

(3.) In the written statement, the railways had taken the plea that the deceased was not a bonafide passenger of the train. It was stated that it was not an untoward incident and the injuries are self inflicted. From the pleadings, following issues were framed: -