UMA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of Judgement and Order dtd. 11/8/2014, passed by Railway Claim Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2010/ 0159 whereby and whereunder claim application filed by the claimant for Rs.5,00,000.00 as compensation along with interest of 9% from the date of filing for herself and for her son and daughter as the dependents of the deceased on account of death of Kapildeo Prasad has been rejected.

(2.) The facts as alleged in the claim application preferred by claimant Smt. Uma Devi (wife of the deceased) and her son and daughter are that victim was travelling by Train No. 6 RL Lohardaga - Ranchi passenger from Lohardaga to Argora (Ranchi) on 29/10/2009 with a general second class ticket no. 82208338, dtd. 29/10/2009. The train was crowded. The deceased was ready to get down at Argora Railway station. He was pushed by someone and fell down from the train inside of railway track. His head was detached from body near the neck.

(3.) The respondent - Railway filed written statement denying therein claim of the claimants on the ground that deceased was not a bonafide passenger as the alleged ticket was not issued from Lohardaga Station. It has further been alleged that there is no eye witness of the alleged incident and the Guard or driver of the train had also not informed about the same. It has further been contended that the claim application is fit to be dismissed as it does not come under the specific proviso of Railways Act, 1989.