RUMALI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing the present misc. appeal, a challenge has been made to the impugned judgment and award dtd. 13/5/2019 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur [for short 'the learned Tribunal'] in Original Application No. OA-II-184/2016, by which the claim petition filed by the claimants-appellants has been dismissed.

(2.) Facts of the case in nutshell are that the claimants-appellants (hereinafter referred as 'the claimants') filed an application before the learned Tribunal under Sec. 16 of the Railway Claims Tribunal Act, 1987 (for short 'the Act of 1987') read with Sec. 125 of the Railways Act, 1989 seeking compensation of Rs.6,00,000.00 stating therein that on 26/4/2016, the deceased Harimohan commenced his journey from Hindaun City to Gangapur City in Dehradun Express with a valid second class railway journey ticket. It was further stated in the claim petition that the deceased while travelling fell down from the train at Gangapur City railway station and came underneath the train and cut. After the incident, FIR bearing No. 15/2016 was registered under Sec. 174 Cr.P.C. It was further stated in the claim petition that at relevant time of journey, the deceased was having the valid ticket, but he lost the same during the course of incident. The deceased was a bona fide passenger, hence, the claimants are entitled to get compensation of Rs.6,00,000.00 with interest.

(3.) The respondent-Union of India submitted its reply denying the averments made in the claim petition and it was stated in the reply that the dead body of the deceased was found on Line No. 3 in the yard and no ticket was found from the possession of the deceased. It was also stated in the reply that the deceased was not a bona fide passenger of the train and the alleged incident indicates that the deceased had committed suicide. Hence, the claimants are not entitled to get any compensation.