AJAY PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 6th March, 2013 passed by Railway Claims Tribunal, Ranchi Bench in connection with Case No. OA (IIU)/RNC/2007/0078, whereby the claim application filed by the appellant/claimant has been dismissed. The appellant has assailed the impugned judgment on the ground that the Tribunal has formed its opinion only on surmises and conjectures. No evidence by the respondent was led that the deceased died in course of crossing railway track. On the basis of final report submitted by GRP, Burdwan, purely based on presumption, that the deceased might have sustained injury in course of crossing railway track is no ground to reject the claim application. Learned Tribunal has decided Issue No. 1 in favour of the appellant that the deceased was having valid ticket in his possession, which strongly supports a fact that the deceased was travelling from Bandel to Burdwan on 28th June, 2007.

(2.) On the other hand, counsel for the respondent has opposed the argument advanced on behalf of the appellant.

(3.) The fact, in brief, is that on 28th June, 2007 the deceased boarded in a local train for going to Burdwan Station. Due to rush in train, he fell down near Burdwan Railway Station and was caught under the wheels and died instantly. After the death of the deceased all formalities were completed and the railway ticket was seized from the pocket of the deceased. The appellant, who happens to be the father of the deceased-Kailash Kumar Pandey, had filed application for grant of compensation on 7th December, 2007, but it was rejected and hence this appeal.