PREMLATA Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimants/appellants have assailed the decision of the Railways Claims Tribunal Chandigarh, Chandigarh Bench, dated 05.02.2016 in Case No.OA-IIU/2014/0276 by which it has dismissed the claim- application filed under Section 16 of Railway Claims Tribunal Act, 1987.

(2.) Briefly stating, the case of the claimant is that deceased- Narayan Singh had gone to offer prayer to Mata Vaisno Devi alongwith his nephew (Keshav Singh). They purchased a common computerized ticket for two persons from Jammu Tawi Railway Station to New Delhi for return journey and boarded Shalimar Express. When the train reached at Ludhiana Railway Station, since they felt unconformable due to hot weather and heavy rush in the train, both of them alighted from the train so that they could take some relief. When they were taking breakfast, train left station. After that they boarded the Sachkhand Express. There was heavy rush in the general compartment and when the train reached at Km No.350/17-19 in between Chawa and Doraha Railway Stations, the deceased accidentally fell down and died on the spot. A Junior Engineer, v.i.z. Anil Kumar informed the Station Master, Doraha regarding finding a body lying in between UP and Down tracks. The nephew of the deceased made a search for the deceased after reaching at Ambala Cantt. Railway Station but he was not found. After alighting from the train at the said station, he informed the relatives at New Delhi who reached at Ambala Cantt. They went together to Ludhiana side to find out what has happened to him. Finally, they could know at Doraha that one person had fallen down near Doraha Railway Station then they reached Civil Hospital, Khanna and identified the deceased. The nephew of the deceased produced common ticket for two persons from Jammu Tawi to New Delhi before the GRP Doraha. Accordingly, the claim application was filed by the Widow and the minor sons under Section 16 of the Railway Claims Tribunal Act, 1987.

(3.) The respondent-Railways responded by filing written statement denying and disputing the averments made in the claim application taking the ground that the accident cannot be termed as untoward incident within the meaning of Section 123 (c) (2) of the Railways Act, 1989 (hereinafter to be referred as "the Act"). They further took a stand that tickets were planted, managed and story set forth in the claim petition is imaginary and fabricated. Thus, it was claimed that the deceased cannot be held to be bona fide passenger.