JASWANT KAUR AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act') filed against the order dated 14.06.2001 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, by the wife and the minor daughters, on account of the death of husband and father-Jaswinder Singh.

(2.) The claim has been rejected by the Tribunal was on the ground that the ticket recovered was in the waiting list No.69 and was never confirmed. A report had been lodged by the brother of the deceased that he had gone missing a day earlier on 08.06.1999 and, therefore, the Tribunal held that the deceased was having cash and was abducted by unsocial elements and later on done to death after removing the cash from him. Therefore, the finding has been recorded that he was not a victim of a railway accident. The Guard of the Train had stated that no person had fallen down and nobody had pulled the chain and, therefore, it was held that the deceased was not a passenger on the train in question and it was not a case of untoward incident, to reject the compensation.

(3.) Mr. Virk has, accordingly, submitted that once the ticket was found on the person of the deceased then it would be a case of passenger on a train involved in an untoward incident and, therefore, the Tribunal was in error in rejecting the claim.