RITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant miscellaneous appeal has been directed against the order dtd. 12/2/2020 passed by the Member (Judicial) Railway Claims Tribunal, Chandigarh at Ranchi whereby the claim petition of the appellant has been dismissed.

(2.) The brief facts leading to this Miscellaneous Appeal are that the claim petition was filed on behalf of claimants Rita Devi and others with these averments that on 13/7/2017 at 9:30 PM the husband of claimant no.1 Rita Devi and father of claimant 2 and 3 and son of claimant no.4 late Anurodh Singh @ Anurudh Kumar Singh (deceased) had boarded Purshotam Express at Delhi Railway Station for Hazaribag Road (Saria) in presence of Rahul Rai, the brother-in-law of deceased. Deceased had purchased a general ticket of amount Rs.285.00 in presence of Rahul Rai and boarded in train with help of Rahul Rai thereafter Rahul Rai came back to his residence.

(3.) On behalf of Union of India represented by General Manager, North Central Railway, Allahabad, the written statement was filed in which the averments made in the claim petitions were denied and in additional plea it is stated that deceased Anurudh Kumar Singh accidentally fell down from Purshotam Express on 15/7/2017 he was having no ticket on the alleged date of journey. The onus to prove that the deceased was having a ticket lies upon the claimant. In inquest report, it is also stated that no ticket was found at the time of preparing inquest report as such the deceased was not a bonefide passenger on the alleged date of accident in the said train. At the time of inquest of the deceased police has not seized any ticket and there being no deficiency in service on the part of the opposite party, the applicants/claimants are not entitled to get the compensation. In view of the above prayed for dismissal of the claim petition.