RIKA VERMA AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 01.05.2015 passed by Member (Technical) Railway Claims Tribunal, Ranchi in Case No. OA (IIU)/RNC/2014/0006, whereby the appellant's claim for compensation was dismissed.

(2.) Learned counsel for the appellants has submitted that it would be evident from the impugned order that the Tribunal, while deciding the issues as to whether the deceased-Ritlal Prasad Kushwaha was a bona fide passenger or not, has held that on the date of the incident i.e. on 11.02.2008 the deceased was travelling, Ex-Hazaribag Road to Delhi on a valid ticket.

(3.) Learned counsel for the respondent-Union of India has submitted that there is no illegality or infirmity in the impugned order and Swarn Jayanti Express on which the deceased was travelling does not have any scheduled stoppage at Gaziabad. It is submitted that deceased died due to his own fault while trying to de-board from the running train. Thus in the given circumstances, it was the reckless and negligent act of the deceased which was the cause of his death, hence the Tribunal has rightly rejected the claim for compensation.