SHARWAN KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "Act of 1987") on behalf of the appellants against the judgment dtd. 27/1/2014 passed by Railway Claims Tribunal, Patna in Case No.OA00465 of 2002 by which the claim application filed by the claimants under Sec. 16 of the Act of 1987 has been rejected.

(2.) The facts, if brief, giving rise to this appeal are that on 19/9/2002 the deceased Bidyanand Yadav along with his minor son Shyam Kumar Yadav was travelling from Barauni Railway Junction to New Delhi Railway Junction by Vaishali Express bearing train no.2553 UP on proper and valid train journey tickets bearing nos.67106540 and 67106541. During course of journey, the deceased accidentally fell down from the running train near Ujiyarpur railway station and sustained injuries resulting his death on the spot. The co-passenger being the minor son of the deceased could not find his father in the compartment, he became nervous and got down from the train at Samastipur railway station and returned to his home on 28/9/2002 and narrated the entire story to his family. Thereafter the family members of the deceased reached at Samastipur railway station where they identified the deceased seeing his clothes, photographs etc.

(3.) The claimants filed application under Sec. 16 of the Act of 1987 in fixed format claiming compensation of Rs.4.00lakhs before the Railway Claims Tribunal (in short "RCT") as dependents claiming that due to an untoward incident the deceased who was a bona fide passenger sustained injury by falling from a running train causing his death. In paragraph 7 of the application, it is claimed that IInd Class journey ticket from Barauni Junction to New Delhi Junction was in possession of G.R.P., Samastipur.