SUMAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal, filed under Section 23 of the Railways Claims Tribunal Act, 1987, is directed against the order of the Railways Claims Tribunal, Chandigarh Bench dated 22.02.2011, whereby the claim petition filed by the appellant on 08.10.2008, for compensation on account of death of her husband, Rajinder Sharma, on account of being involved in an untoward incident, was rejected, on the ground that the deceased was not a bona fide passenger, as defined under Section 2 (29) of the Railways Claims Act, 1989.

(2.) The case of the appellant before the Tribunal, as such, was that her husband was working with M/s Attam Associates at Parwanoo, Himachal Pradesh. He continued to do various duties at various places at Haryana also like at Ambala, Chandigarh and sometimes Delhi, on account of his earlier employment at Kundli, Sonepat. The appellant was residing in her parental house at Hamirpur and the deceased had informed her that at the end of April, 2008, he would be joining her as there was a family function (puja) after attending some job at Ambala. She had come to know about his death by falling from train on telephone by the Police and her father-in-law and uncle had reached Kalka where the dead body was handed over to them. Resultantly, the claim was put-forth.

(3.) The defence of the Railways was that no particulars about the alleged incident had been given and therefore, it was denied that the deceased suffered on account of an untoward incident, as defined under Section 123(c). The particulars of train journey and the date of incident had not been given and therefore, it was further alternatively pleaded that the deceased had suffered on account of self-inflicted injury, on account of his own criminal act while standing at the gate of the compartment of a moving train as on account of his body had been found at mid-station between Kalka and Chandimandir. The liability was, thus, denied to pay compensation and it was pleaded that since an enquiry was pending, the factum of the deceased being a bona fide passenger was denied and liberty was sought to file amended written statement.