SRI MUNESHWAR TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimants/appellants have preferred this appeal against the judgment dated 23.08.2013 passed by Railway Claims Tribunal, Ranchi in case no. OA(iiU)/RNC/2010/0104 old no OU-70028/07, whereby and where under the claim application filed by the claimants has been dismissed.

(2.) The brief facts, as it appears from the record is that Sunil Kumar (since deceased) son of the present claimants/appellants while boarding the train no. 9306, Sipra Express at Dhanbad fell down accidentally between the gap of platform and the train. His body was crushed under the wheels of the said train resulting in his instantaneous death. In connection with the said untoward incident, the G.R.P. Dhanbad registered U.D. Case no. 18 of 2006. Thereafter, Rail Thana P.S. Case no. 18 of 2006 dated 16.07.2006 was also instituted on the basis of the statement of one Rabindra Nath Dubey that he received telephonic call from the Dhanbad Railway Station in the mid-night on 15/16.07.2006 that his brother-in-law, Sunil Kumar died due to fall from train. Immediately, he rushed to Dhanbad railway station and received the dead-body of his brother-in-law, who was aged about 22 years. It is also stated in the FIR that his brother-in-law had come to Dhanbad from Deoghar and during his boarding in Sipra Express he fell down and crushed under the wheels of the train. It further appears from report submitted by Assistant Sub-Inspector, Railway Police, Dhanbad dated 16.07.2006(R-5) that from the pocket of the deceased Sunil Kumar, one Identity Card and a ticket smeared with blood were recovered. It further appears from a report (R-2) submitted to DRM that the said untoward incident took place at Dhanbad Railway Station on 15.07.2006 where after an inquiry was conducted by the RPF. The report reveals that the alleged victim had fallen down at Dhanbad platform no.2 from 9306 UP Sipra Express while he was boarding the train. The victim died on the spot since he was run over. But in this report, recovery of any ticket particular has not been accepted. The said report was accepted by the DRM. Therefore, there is no dispute about the death of the deceased or untoward incident.

(3.) The respondent-Union of India, through General Manager East Central Railway, Hazipur in his written statement pleaded that no such accident took place on 15.07.2006 , which would appear from the station diary. Therefore, claimants have to put strict proof that the deceased was travelling with a valid ticket.