SHANKAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant-Shankar Lal S/o Kishanlal has filed the present appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act of 1987' for short) challenging the judgment/award dtd. 20/9/2007 passed by the learned Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'learned Tribunal' for short) in Claim Petition No. O.A. No.II/17/2004 titled as Sh. Shankar Lal and Anr. Vs. Union of India, whereby the claim petition filed by the appellant was dismissed.

(2.) Learned counsel submitted that the appellant is the father of the deceased Mohan Lal, who died in a railway accident that occurred on 16/6/2003, while he was traveling from Chowmahala to Kota in Train No.2955 (Dn. Mumbai Central - Jaipur Super Fast Exp.). Learned counsel submitted that the deceased had a valid second class passenger ticket and due to jerk and heavy rush in the compartment, he fell down from the train and died on the said unfortunate day i.e. 16/6/2003. The appellant thereafter filed a claim petition before the learned Tribunal which was registered as O.A. No.II/17/2004. He further submitted that the deceased was the unmarried son of the appellant and that the appellant was informed about the mishap by one Brij Mohan Punjabi, a resident of the same area and well known to their family, and that the body was therefore identified.

(3.) Learned counsel further submitted that for the said incident a MERG Report under Sec. 174 Cr.P.C. bearing No.6/2003 dtd. 16/6/2003 was registered by the Police. He further submitted that on perusal of the postmortem report, it is evident that the deceased suffered serious injuries all over the body, including the head. The postmortem report further disclosed that the deceased died as a result of falling from the train, therefore, there is no dispute that the deceased died during his journey by train on the unfortunate day. However, the claim was not properly examined and entertained and was wrongly rejected by the learned Tribunal.