POOJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, '1987 Act') is directed against the judgment dated 24.05.2016 passed by the Railway Claims Tribunal, Chandigarh Bench. The Tribunal has rejected the claim which was filed by the claimant on account of death of her father, namely, Subhash Chander aged 62 years old.

(2.) The reasoning as such given by the Tribunal is that there was no cogent, satisfactory and confidence inspiring evidence in support of the claim application that the deceased had purchased a proper and valid journey ticket to travel. The presence of Vikas Kapoor, the nephew who had deposed as AW-2 was doubted. The Jamatalashi had not been submitted and, therefore, in the absence of the ticket found from the body, it was held that he was not a bonafide passenger. It was further held that while trying to catch a fast moving train without purchasing any ticket the deceased met with the accident and died and, therefore, he was held not to be a bonafide passenger.

(3.) Counsel for the appellant has taken the Court through the record of the case to submit that it was the specific case of the appellant as such that her father had gone to meet his sister in Ludhiana where the incident had taken place at the Railway Station. He had purchased one ticket for the express mail train on 24.12.2011 for his journey from Ludhiana to Jalandhar and gone to platform No.2 to board the Train No.14037, Delhi-Pathankot Express. On account of huge rush while trying to board the train, the deceased fell down from the train and got serious injuries on vital organs of his body. He had been taken to Rama Charitable Hospital, Ludhiana where he succumbed to the injuries. The ticket and cash had been lost during the accident.