ROSHNI Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of FAO Nos.10102 and 10345 of 2014 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from FAO No.10102 of 2014.

(2.) The present appeal directs challenge against award dtd. 14/7/2014 passed by the Railway Claims Tribunal, Chandigarh whereby applications for grant of compensation on account of death of Sh. Ishwar and Smt. Roji, wife of Sh. Ishwar in an untoward incident have been dismissed. In brief, case of the claimants is that on 21/7/2011, Mahavir with his wife Smt. Rani, Ishwar, brother of Mahavir and his wife Smt. Roji reached Tohana Railway Station to board passenger train No.54642 for going to Jind. There was rush of passengers at the railway platform. When the train reached at Tohana Railway Station and was blowing horn, due to this impact, Smt. Roji accidentally fell down from the platform to the track due to pull and push of passengers. Ishwar, her husband jumped to save her life. Ishwar died at the spot but Roji died later on 10/8/2011. The deceased were possessing a joint ticket bearing No.26764821 dtd. 21/7/2011 from Tohana to Jind.

(3.) The respondent filed reply controverting the averments raised in the claim application. It is averred that no untoward incident within the meaning of Sec. 123(c) of the Railway Act (in short 'the Act') causing death of Ishwar had taken place. Ishwar was not a passenger of the train at the relevant time much less a bonafide passenger. He jumped in front of engine of train 544642 DN at Railway Station Tohana while the train was entering the platform. It is denied that Ishwar along with his wife and other relatives was to travel from Tohana to Jind or Smt. Roji fell down accidentally due to push and pull of passengers as alleged. The driver of train No.544642 DN reported to SS on duty that one male and a lady jumped in front of engine of the train while the train was entering platform No.2. No train ticket was recovered from personal search of the deceased. All other material averments of the application have been denied with a prayer for dismissal of the same with costs.