MOHAMMAD AYUB AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal filed against the judgment dated 07.06.2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), vide which the claim application filed by the applicants-appellants was dismissed.

(2.) Brief facts of the case are that Naushad Mohammad son of the applicants-appellants accompanied by his cousin Zisan boarded a train from Dhandari Kalan, Ludhiana on 23.06.2011 for Saharanpur to extend the invitation of his marriage to the relations. When the train reached near Mustabad, District Ambala, Haryana, due to jerk and jolt with the push and pull of the passengers, both Naushad Mohammad and Zisan fell down from the running train. Naushad Mohammad died at the spot, whereas Zisan got injured and was admitted in the Civil Hospital. On 24.06.2011, at about 7.20 a.m., Ganga Ram, Keyman informed the Station Master that a dead body was lying near Dn line near Mustabad at Km 227/24-26. The GRP was informed, which carried out the inquest proceedings. From the personal search of deceased Naushad Mohammad, one mobile phone was recovered. No other article was recorded to have been recovered.

(3.) In the written statement, the Railway has taken the stand that no ticket was recovered from the deceased. Therefore, he was not a bona fide passenger. Even if, an incident is proved to have taken place, the same is result of negligence of the deceased. The deceased suffered self inflicted injuries. The dead body was found lying near Dn line near Mustabad and the alleged injuries and the death are not linked with the alleged incident. There is no eye witness of the occurrence. From the pleadings, following issues were framed: