MUKHTIYAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal filed against the judgment dated 11.11.2013 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal") vide which the claim application filed by the appellant for grant of compensation was dismissed.

(2.) Brief facts of the present case, as alleged by the applicant appellant, are that on the intervening night of 15/16.04.2011, Gurnam Kaur (since deceased), aged about 70 years (as per the post-mortem report), was to go from Budhlada to Bhathinda to meet her sister and daughters. So, on 15.04.2011 she reached Railway Station, Budhlada along with her son Tarsem and after purchasing the journey ticket, she boarded the Punjab Mail Train for Bhatinda and her son Tarsem returned home thereafter. When the said train reached KM 289/6-7 at Katar Singh Wala Railway Station, she accidentally fell from the running train and died at the spot. Gurdarshan Singh, Gateman, after detecting a dead body lying near the railway track, informed the Station Master, who in turn informed the In-charge, General Railway Police (GRP). Thereafter, the inquest report was prepared and post mortem was got conducted. The family of the deceased, on finding that the Gurnam Kaur (deceased) had not reached Bhathinda, started searching for her and according to them from GRP, they came to know that dead body of Gurnam Kaur was detected near the railway track.

(3.) In the reply, the Railway has taken the stand that the deceased was not the passenger of the train not much bona fide passenger as no ticket was recovered from the deceased and also denied that deceased fell from the running train. It is also stated that the injuries sustained by the deceased are not possible due to fall from the train rather these are possible when someone was crossing the railway line and was hit by a fast moving train.