GYASU Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) Challenge in the present appeal has been directed against order dated 7.8.2008 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as "the Tribunal") whereby application filed by Gyasu and another for grant of compensation on account of death of their mother Smt. Juveda in the alleged untoward incident that took place on 6.8.2005, has been dismissed.

(2.) The case set up by the claimants is that Smt. Juveda was coming from Talheri Railway Station, District Sharanpur to Kalanaur, District Yamuna Nagar at about 5-00 p.m. The train reached railway station, Kalanaur. She got entangled in periphery of the train and received head injury, hemorrhage and multiple grievous injuries and died at the spot.

(3.) The respondents filed the written statement raising preliminary objections that petition is not maintainable as deceased was not a bona fide passenger of the train in question under Section 2(29) of the Railways Act, 1989 (in short "the Act"). There is nothing on record to show that there was any untoward incident as defined under Section 123(c)of the Act. All material averments of the application were denied with a prayer for dismissal of application with cost.