KALI DEVI MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as 'the Act'), the appellants/claimants have assailed the order dtd. 13/4/2017 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition filed by the appellants was dismissed.

(2.) In the claim petition, it was stated that the appellant/claimant No.1 (Smt. Kali Devi Meena) was the wife of Sh. Jagdish Narayan Meena (the deceased), while the other claimants were the daughters of the deceased. It was claimed that on 20/10/2015, the deceased alongwith his son, namely, Sh. Rang Lal Meena was travelling from Dausa, Rajasthan to Delhi Cantt. by Ashram Express train. The deceased undertook the journey after purchasing a joint valid journey ticket bearing No. 31351671. It was further claimed that when the train reached near Delhi Cantt. Railway Station, Sh. Jagdish Narayan Meena fell from the moving train on account of sudden & heavy jerk resulting in grievous injuries. Sh. Jagdish Narayan Meena was admitted in DDU Hospital, New Delhi after which he was taken to Maharaja Agrasen Hospital, New Delhi wherein he succumbed to his injuries on the same date.

(3.) Learned counsel for the appellants submitted that the impugned order is entirely premised on the DRM Report, as per which, the accident occurred while the deceased was urinating on the railway lines and was statedly run over by a passing train bearing No. 12985. It was contended that the DRM Report dtd. 27/1/2017 was prepared after nearly 15 months of the accident. It was further contended that the conclusion reached in DRM Report is primarily based on the statements of the Loco Pilot and Guard of the passing train, which had hit the deceased but the said statements are contrary to the material placed on record. It was also submitted that, despite the prayer made by the appellants, as noted in the impugned order itself, the aforesaid two persons were not summoned by the Tribunal.