SUMINTRA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 25.07.2012 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No.OA 000142/2002 by which the claim application, filed by the appellant under Section 125 of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 claiming a compensation of Rs.4,00,000/- for the death of her son due to injuries sustained by him in an untoward incident, has been dismissed. The case of the appellant as per claim application, in brief, is that on 10.12.2001, her son Uday Sao (deceased) boarded in Rajgir-Danapur Shuttle train at Patna Sahib Railway Station with a valid ticket. During journey, he accidentally fell down from the train and received grievous injuries. He was rushed to N.M.C.H, Patna where he died in course of treatment. The respondent filed written statement that the claim application is not maintainable in law. The alleged accident was not an untoward incident in terms of provisions of Section 123 of the Railways (Amendment) Act, 1994.

(2.) It has not been admitted that the deceased fell down from the passenger train near Patna Sahib Railway Station on 10.12.2001. The claimant has to prove that he was a bonafide passenger of the train having valid ticket. On the basis of the pleadings of the parties, the following issues have been framed.

(3.) The respondents have not produced any witness in support of their contention in the written statement. The learned Tribunal has held that the deceased Uday Sao was not a bonafide rail passenger but an unauthorized vendor and did not die in any untoward incident in the railway and the claim petition has been dismissed. The learned counsel for the appellant-claimant has submitted that the Tribunal has misdirected itself that the deceased was selling peanuts in the train and he was an unauthorized vendor and had got no passenger ticket since he was not a bonafide railway passenger but an unauthorized vendor died after slipping from the foot board presumably at the time moving from one coach to another when the train was on the move.