MAHER CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred assailing the decision dtd. 19/11/2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, by which the Tribunal has dismissed the claim application filed by the claimants/applicants under Sec. 16 of the Railway Claims Tribunal Act, 1987 for the death of Smt. Khajani wife of Mehar Chand (claimant no.1) in the railway untoward incident. 1. As per the case of the claimants, the deceased Khajani Devi was returning from Kurukshetra to Kaithal by boarding train No. 4/3 JNK on 3/9/2010 but she fell down from the moving train due to rush and jerk at KM 155/29-27 Up line No.1 at Railway Station Kurukshetra at about 12.30 p.m. and died on the spot. The dead body was shifted to LNJP hospital, Kurukshetra, where post mortem was conduced. It is claimed that she was travelling from Kurukshetra to Kaithal on a valid railway ticket.

(2.) The respondent-Railways contested the case by filing written statement and disputing the averments made in the claim petition. The Railways took a stand that there is no proof that the deceased was travelling by the aforesaid train on 3/9/2010 and was the victim of any untoward incident due any negligence on the part of the respondent-Railways. It was also claimed that she was not a bona fide passenger as no ticket was recovered from her person during the search of the dead body, thus, she would not be entitled for any compensation in terms of the provisions contained under Sec. 124-A of the Railways Act, 1989 (hereinafter to be referred to as 'the Act').

(3.) On consideration of the rival pleadings the Tribunal framed following issues: