ANOKHI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by five claimant-appellants, namely, Smt. Anokhi Devi, Master Jitendra, Master Sachin, Rampal, Smt. Sukko, being aggrieved by order dated 26.05.2009 of the Railway Claims Tribunal, Jaipur Bench, Jaipur, in OA II/117/2005, whereby learned Tribunal dismissed their claim application under Section 16 of the Railway Claims Tribunal Act, 1987, for award of compensation on account of accidental death of Kanhaiyalal due to fall from the train.

(2.) Appellant no.1 Smt. Anokhi Devi is wife of deceased Kanhaiyalal, appellants no.2 and 3 Jitendra and Sachin are minor sons of deceased Kanhaiyalal and appellants no.4 and 5 Rampal and Smt. Sukko are respectively father and mother of deceased Kanhaiyalal. According to claimants, when Kanhaiyalal was travelling on valid 2nd class ticket from Jaipur to Bandikui by train named Delhi-Ahmadabad Mail in its general compartment, he fell down from the train at Dholi Gumti near Bandikui, and died due to accidental fall. The prayer was made for award of compensation to the tune of Rs.4,00,000/- together with interest thereon at the rate of 18% per annum. The respondent Union of India contested the claim petition and maintained that there was no proof of fact that Kanhaiyalal was bona-fide passenger and therefore it was denied that he was travelling by aforesaid train. The dead body of Kanhaiyalal was found two kilometers away from Bandikui Railway Station and he was also not found to have been possessing valid ticket; he cannot therefore be considered as a bona-fide passenger. Even though the police in investigation has stated the cause of death of Kanhaiyalal on account of fall from any unknown train as claimed in the first information report but the said conclusion has been arrived at in connivance by the police. It was therefore prayed that claim petition be dismissed.

(3.) Learned Railway Claims Tribunal, Jaipur Bench, Jaipur (for short, 'the Tribunal') upheld the objection of the respondent and rejected the claim petition, hence this appeal under Section 23 of the Railway Claim Tribunal Act, 1987 (for short, 'the Act, 1987').