SABIR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. Saumya Pandey, learned counsel appearing for the appellants and Mr. Awanish Ranjan Mishra, learned counsel appearing for the respondent-Railway.

(2.) This appeal has been preferred against the part of the award dtd. 23/5/2023 passed by the Railway Claims Tribunal, Ranchi in Claim Case No.OA(IIU)/RNC/19/2022.

(3.) Learned counsel appearing for the appellants submits that the deceased namely Jahir Hussain died due to fall from the running train. She submits that the claimants have filed the claim application before the Railway Claims Tribunal, Ranchi, which has been rejected vide award dtd. 23/5/2023. She further submits that on 2/9/2021, the deceased boarded the Chhatrapati Shivaji Terminus-Howrah Special Train No.02322 at Chhatrapati Shivaji Terminus to go to Koderma with a valid ticket bearing PNR No.8741098098 dtd. 2/9/2021. The deceased reached his destination station Koderma on 4/9/2021 but due to crowd in the train, he could not get down from the train. When the train left Koderma, the deceased fell down from the running train while trying to get down and died. She submits that in this background, U.D. Case No.25/2021 dtd. 4/9/2021 was registered by the GRPS, Koderma. She then submits that the ticket was recovered from the body of the deceased and in spite of that, the learned Tribunal has rejected the claim case of the claimants. She also submits that A.W.1 has stated that the incident took place at Koderma in Chhatrapati Shivaji Terminus-Howrah train and that has been further corroborated by the investigation report submitted by the Sr. D.S.C., Dhanbad, who has stated that on 4/9/2021 P.A./Koderma received an information from Trackman Gajhandi that an unknown dead body was lying between Koderma- Larabad at KM No.392/2024 UP and DN Line and that information was forwarded to G.R.P., Koderma by the Station Manager, Koderma. The inquest report was prepared at the place of occurrence by the G.R.P., Koderma, in which, it has bee stated that the death has occurred due to fall from the train No.02322 DN. She also submits that from the dead body, one journey ticket having PNR No.8741098098, Coach No. S-6, Berth No.80 and one Aadhar Card were recovered during inquest. She submits that in this background, it is proved that the deceased was travelling in the said train with valid ticket and he died due to fall from the train and in spite of that, the learned Tribunal has erroneously rejected the claim application of the claimants.