PHULWA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the decision dtd. 5/12/2014 rendered by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, by which a claim application filed by the claimants-appellants under Sec. 16 of the Railways Claims Tribunal Act, 1987, has been dismissed.

(2.) As per the claim petition, deceased-Bhugal Pawan, who was working as a labourer, was travelling alone from Ludhian Railway Station to Gaya (Bihar) by the train. Prior to that, he came to Ludhiana station on 24/6/2013 alongwith his brother-in-law and purchased a computerized ticket for General Class. He boarded the train and his brother-in-law went back to his home. It is alleged that there was huge crowd in the train so deceased Bhugal Paswan remained standing near the door of the compartment. When his train reached at Km.No.3398/17-19 between Khanna and Chawa-Payal railway station, he accidentally fell down and got seriously injured. A driver of the goods train namely Jagdish gave information to the Station Master, Chawa-Payal that a person is lying besides the railway track. The Station Master issued a memo to GRP, Chawa-Payal who got the injured admitted in the Civil Hospital, Khanna where he succumbed to his injuries. After the injured was declared dead by the Civil Hospital, the GRP prepared the reports after completion of inquest proceeding. GRP recovered one railway ticket from Ludhiana to Gaya and one small pocket diary after searching the body of the deceased. The GRP contacted the persons on the mobile numbers which were written in on the diary and informed the relatives regarding the incident.

(3.) The respondents-railways filed written statement raising various objections for example that the deceased was not a bona fide passenger and incident cannot be brought within the meaning of Sec. 163(c)(2) of the Railway Act, 1989 (hereinafter to be referred as "the Act"). It is further claimed in the written statement that, since the deceased was not a bona fide passenger and was not travelling on train, he must have got entangled with some moving train.