PARASNATH MUNDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the applicants/ appellants as well as the learned counsel appearing on behalf of the respondent Railways.

(2.) This appeal has been preferred against the judgment dtd. 31/1/2024 passed by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi in the case being Case No.OA(IIU)/40/2023.

(3.) Learned counsel for the applicants/ appellants submits that the learned Railway Claims Tribunal has wrongly rejected the claim of the appellants herein. He submits that the deceased namely Aryan Munda started his journey from Khalari Railway Station to Bhurkunda Railway Station by Train No.18614 Chopan-Ranchi Express Train. He submits that the deceased obtained railway journey ticket from Khalari Railway Station booking counter, bearing no.URG 36996170 dtd. 6/11/2022. He further submits that in course of journey there was a heavy rush of passengers in the whole general bogie of the said train and anyhow he entered in the said train and when the train reached near Bhurkunda Station, in the meantime, deceased Aryan Munda tried to get down but fallen down accidentally due to rush of passengers and jostling and got serious injuries and died on the spot near Bhurkunda Railway Station and in view of that, a UD Case was also registered by the father and mother of the deceased and have filed the claim which has been rejected by the learned Railway Claims Tribunal. He submits that valid ticket was found from the body of the deceased, however, on a wrong premise, the learned Tribunal has rejected the same. He further submits that the documents such as the Fardbeyan, Inquest Report and the Police Report clearly suggest that the accident took place due to fall from the train and inspite of that, the learned Tribunal has rejected the claim on the wrong premise. On this ground, he submits that the said order may kindly be set aside.