PHAKU MIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) This Miscellaneous Appeal is directed against the judgment/ award dated 03.01.2012 passed in case no. TAU/RNC/2001/0018 by the Railway Claims Tribunal, Ranchi Bench, whereby and where under the claim for compensation has been dismissed.

(3.) The case of the applicants-appellants in brief is that the deceased Raju Ansari was travelling in the train No.8605 Up (Jharkhand Express) on 28.02001 along with his family members including his father who has been examined as A.W.-1, his cousin who has been examined as A.W.-2, the wife and daughter of A.W.-2 with a common ticket. The common original journey ticket has been marked Ext.A5. Raju with others was travelling from Bokaro Steel City to New Delhi as bona fide passengers and while so travelling the deceased Raju Ansari accidentally fell down from the running train between Parasnath Railway Station and Koderma Railway Station and sustained injuries. Raju succumbed to the injuries sustained due to the said accidental fall. Before the Railway Claims Tribunal, the respondent filed its written statement wherein it was pleaded that as per the Fardbeyan, the deceased Raju Ansari went to the gate to spit and his head hit a pole and he fell down. On the basis of the rival pleadings, the tribunal framed the following issues:-