VIKRANT Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987, the appellants/claimants have prayed for the following reliefs:-

(2.) The appellants claim to be children of deceased/Smt. Meena Mishra, who is stated to have passed away in a railway accident. Appellant Nos.1 and 2 had preferred a claim petition before the Railway Claims Tribunal, stating that on 18/6/2016, their mother/Smt. Meena Mishra was travelling from Shakur Basti Railway Station to Mathura Junction Railway Station alongwith her neighbour/Sh. Jitender and one Smt. Vinod. Reportedly, the deceased was holding a valid ticket bearing No. 92197835. There was heavy rush inside the train and she was standing near the door of the train compartment. When the train reached near Bhuteshwar Railway Station, due to sudden jerk and push of the crowd, she lost her balance and fell down from the running train, receiving fatal injuries.

(3.) Mr. S.K. Vashistha, learned counsel for the appellants, while assailing the impugned judgment, contended that in spite of holding the deceased to be a bonafide passenger, the Tribunal erred in concluding that the accident was not an untoward incident as defined under Sec. 123(c) of the Railways Act, 1989. In support of his submissions, learned counsel placed reliance on the Panchnama as well as statement of co-passenger of the deceased, viz. Sh. Jitender, which was recorded before the Tribunal.