MALKEET SINGH AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as, '1987 Act') is directed against the order dated 19.01.2012 passed by the Railway Claims Tribunal, Chandigarh Bench.

(2.) Vide the impugned order the compensation claimed on account of death of Omkar Singh on 27.03.2010 has been rejected on the ground that the deceased was not a bonafide passenger and no ticket was recovered from his body, though a PAN Card and Driving Licence was found and the pockets/clothes were intact. It was further held that the statement of uncle AW-2 Mohinder Singh did not inspire confidence as there was contradiction, as to which train he had boarded for Amritsar, as the witness was not present at Beas on the day of the alleged incident. Under issue No.3, it was held that the appellants would be entitled to compensation being father, mother and minor son.

(3.) A perusal of the record would go on to show that the findings are not sustainable in as much as the claim petition which was filed by the appellants on 01.06.2010, it was specifically pleaded to the extent that deceased had boarded the train on 27.02010 at 7:30 A.M from Beas Railway Station for Amritsar for paying obeisance at Golden Temple, Amritsar. On account of the train being crowded the deceased was pushed out and fell down accidentally from the running train between Beas and Butari Railway Station. His body was badly crushed and cut into pieces. He had purchased a general ticket, which was lost during the course of the incident. It was pleaded that he was a resident of Rishikesh, Dehradun and on 21.02010 had come for attending Bhandara (religious ceremony) of Beas Radha Swami Dera and had intended to visit Golden Temple before returning back to his native place at Uttranchal. He had purchased the ticket in the presence of his relative who had also come to the Dera to meet him and Postmortem was conducted in Government Medical College, Amritsar. It has further been averred that he had travelled in 2nd Class and had purchased general ticket, which had got lost due to the accident and his body got cut into pieces and, therefore, the claim was made for '4 lakhs.