MEHAR CHAND & ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal, filed under Section 23 of the Railways Claims Tribunal Act, 1987 (for short, the 'Act') on 07.10.2015, by the appellants who are parents of deceased-Krishan Kumar, is directed against the order of the Railways Claims Tribunal, Chandigarh Bench dated 26.02.2015, whereby the claim petition filed for compensation on account of death of their son, has been dismissed.

(2.) The reasoning given by the Tribunal, as such, to disbelieve the case of the appellant-claimants was that when the body was found on 18.09.2013, it was found lying dead inside the track and in normal circumstances, the body would be lying outside the track on account of fall from a train. It was noticed that near the spot was a railway phatak No.126 and on both the sides, there were residential areas and therefore, it was not a case of fall from a moving train and the case would not come under the definition of untoward incident under Section 123(c)(2) and 124-A of the Act. Another factor which weighed with the Tribunal was that there was no journey ticket and cash recovered and items like driving licence had been found and therefore, the deceased was not a legal and bona fide passenger.

(3.) Under issue No.3, it was found that the deceased had a wifeJaswanti who had not been arrayed as party and not made dependent and the claim by the appellants that there is a Panchayati decision that she would remain with her parents and therefore, she was also declared a dependent being the widow of the deceased.