DINANATH RAM Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Instant appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the appellant/ applicant Dinanath Ram against an order dated 09.09.2013 passed by the Railway Claims Tribunal, Patna Bench in Case No.0A 00131 of 2003 whereby dismissed the appeal.

(2.) Appellant/ applicant Dinanath Ram had filed a petition in accordance with Section 125 of the Railway Act read with Section 16 of the Railway Claims Tribunal Act, 1987 asking for compensation to a tune of Rs.4,00,000/-, the consolidated amount as provided under Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, on account of meeting with Untoward Incidents by his son Mohan Kumar, deceased while travelling by Train No.3050 Down (Amritsar-Hawra Express) on 13.11.2002 from Ara to Bakhtiyarpur in order to go to the place of his sister at Bakhtiyarpur with valid ticket, near Gulzarbagh Railway Station where he fell down from the bogie on account of heavy rush and died instantaneously.

(3.) Union of India through General Manager, East Central Railway, Hajipur appeared and filed written statement whereunder status of deceased as bona fide passenger was challenged and on that very basis also pleaded that appellant/ applicant was not entitled for any kind of compensation.