SUNITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the Judgment dtd. 31/5/2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for the sake of brevity 'the Tribunal') in Case No. OA-II/249/2011, by which the Tribunal has rejected the claim application filed by the appellants (widow and minor children of the deceased) under Sec. 16 of the Railway Claims Tribunal Act, 1987 (for the sake of brevity 'the Act') seeking compensation of Rs.10,00,000.00 on account of death of one Vimal Mandal.

(2.) Short facts, which would be necessary for consideration of the lis stand enumerated as under:-

(3.) The respondent-Railways contested the claim application by filing written statement wherein by way of preliminary objections, it is averred that the alleged incident does not fall within the provisions of Sec. 123(c)(2) read with Sec. 124A of the Railways Act, and, as such, no untoward incident causing the death of the deceased occurred on 12/6/2011 and secondly, that the deceased was not a bona fide passenger.