MAHESHWAR THAKUR @ MAHESH THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 22.11.2012 passed by the Railway Claim Tribunal, Ranchi Bench in connection with Case No. TAU/RNC/2010/0098 whereby the application for grant of compensation filed by the appellant has been dismissed.

(2.) THE facts, in brief, is that the deceased along with his sister Pummi AW4, uncle Sushil Thakur AW2 and cousin brother Mukesh Thakur AW3 had boarded train no.8182 ChapraTataKatihar Express on 24.01.2004 at Barouni railway station for going to Tata Nagar. On the next morning i.e. on 25.01.2005 when the train left Adityapur railway station, deceased Dublu Thakur, who was standing near the wash basin of the compartment, suddenly fell down from the running train, sustained injuries and died. Immediately the train was stopped by pulling chain. The companion who were travelling with the deceased got down from the train, went near the injured and reported the matter to G.R.P.

(3.) THE appellant has assailed the impugned judgment mainly on the 2. ground that the finding of the learned Tribunal is highly erroneous, beyond the record and based on surmises and conjectures. The Tribunal has also held that no valid ticket was produced by the claimant to justify that the deceased was bonafide passenger ignoring R3 which is the document produced by the respondent. At the top of the document R3, it is written that on the date of journey of the deceased i.e. on 24.01.2004 four tickets were issued for Barouni to Tata Nagar. Needless to mention that the deceased was travelling with his three relatives and that corroborates that those four tickets were purchased by the deceased and his family members. As a matter of fact, the deceased was removed from the railway track to the platform and then to the post mortem house and in course of handling the body the tickets which were in his possession might have been lost somewhere.