KRISHNA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimant has preferred this appeal under Section 23(1) of Railway Claims Tribunal Act, 1987 against the judgment dated 22.07.2013 passed by Railway Claims Tribunal, Ranchi in case no. O.A.(IIU)/RNC/2008/2014 whereby and whereunder the claim application has been dismissed holding that the deceased was not a bonafide passenger and the incident does not come under the purview of untoward incident as defined in Section 123(c)(2) of Railways Act, 1989.

(2.) The claim application was filed by two claimants: the first claimant namely Rampatiya Devi - the widow of Muneshwar Ram and the claimant no.2(appellant herein) -the son of the said deceased. The claim application was filed stating therein that on 25.04.2016, her husband while traveling by CCB Passenger train from Garhwa Road to Daltonganj fallen down at Nagaruntari railway station and died. In support of the claim application, photo copy of the fardbeyan, post -mortem report and Voter ID -Card were filed. Since the widow of the deceased died during the pendency of the claim application, only applicant no.2 the son has preferred this appeal.

(3.) Upon notice, the respondent - Union of India through the General Manager, East Central Railway, Hajipur filed written statement on 28.01.2010 stating therein that in the claim application, no train number has been given and no such accident ever took place on 25.04.2006 and that claimant has to put strict proof that the deceased was a boanfide passenger with a valid ticket within the meaning of Section 56, 123 and 124(A) of the Railway Act.