KAMLA DEVI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is first appeal against the judgment dated 12.5.2011 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short, 'the Tribunal'), vide which, the application filed by the applicants-appellants was dismissed.

(2.) Brief facts of the case are that on 18.3.2010, Pawan Kumar @ Pawan Singh (now deceased), accompanied by his brother-in-law, namely, Ram Niwas, were to go from Gharaunda to Panipat. At about 1.30 pm Pawan Kumar @ Pawan Singh (now deceased) purchased two second class ordinary train tickets, one for himself and the other for his brother-in-law Ram Niwas and kept the same in his pocket. Thereafter, both of them boarded 4 KDM (MEMU) train from railway station Gharaunda. Due to huge rush, Pawan Kumar @ Pawan Singh (now deceased) was standing near the door of the compartment. When the train reached between Gharaunda and Kohand, Pawan Kumar @ Pawan Singh (now deceased) accidentally fell down from train due to jerk and jolt coupled with the pull and push of passengers, as a result of which he received multiple grievous injuries on the vital parts of his body. His brother-in-law Ram Niwas shouted and pulled the alarm chain but the train did not stop and stopped only at village Kohand. Thereafter, Ram Niwas intimated his sister regarding the accident of Pawan Kumar @ Pawan Singh (now deceased) and de-boarded the train at Kohand railway station. Om Parkash, gang man, sent the intimation to Station Superintendent, Gharaunda regarding the injured. The injured was first taken to Primary Health Centre, Gharaunda where first aid was given to him. From there, he was referred to General Hospital, Karnal, from where he was further referred to PGI, Rohtak on the same day. The injured remained admitted in PGI Rohtak and ultimately succumbed to injuries on 21.3.2010. It is further stated that ticket was lost in the incident.

(3.) In the reply, the railway denied that the deceased was travelling in the train and fell from the train. Purchase of two tickets was also denied. It was stated that no ticket was recovered from the deceased. The story of loss of ticket was also denied.