VINAY PRAJAPATI @ MAHENDRA PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.04.2004 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. OA-97000276, whereby it has rejected the claim of the appellants for compensation on account of the death of Ajay Prajapati due to accident fall while travelling in Purushottam Up Express Train near West signal of Sasaram Railway Station.

(2.) THE case of the appellants is that appellants No. 2 and 3 are the parents of the deceased and appellant No. 1 is the brother of the deceased. On 7.7.1997, the deceased was travelling in lower train. He had a valid 2nd class ticket from Gaya to Delhi. On way due to jerk in changing track and crowd in the compartment the deceased accidently fell down and subsequently died. So, the appellants filed application under Section 16 of the Railway Claims Tribunal Act, 1987 for compensation.

(3.) THE Tribunal on the basis of the pleadings of the parties framed the following issues for determination :-