A.K. Pathak, J. - (1.) APPELLANT filed an application under Section 16 of the Railway Claims Tribunal Act, 1987 before the Principal Bench of Railway Claims Tribunal, Delhi (for short, hereinafter referred to as the 'Tribunal') seeking compensation of Rs. 8 lacs on account of death of Shri Krishan Kumar Chourasia (deceased) in an 'untoward incident' relating to a train on 16th July, 2012. Claim application has been dismissed by the Tribunal by the order impugned in this appeal.
(2.) APPELLANT alleged that Shri Manoj Kumar (nephew of deceased) along with the deceased went to Ballabhgarh Railway Station from where he purchased a ticket for the deceased for going to Nizamuddin Railway Station, Delhi from Faridabad Railway Station. He handed over the ticket to deceased and dropped him at Faridabad Railway Station. Thereafter, deceased boarded a train from Faridabad Railway Station for going to Nizamuddin Railway Station. Due to heavy rush in the compartment deceased was standing near the gate. On account of sudden jerk deceased fell down from the moving train at platform no. 2 of Faridabad Railway Station and died. From the jamatalashi of deceased two reservation tickets, Rs. 4,500/ - in cash and one Pan Card were recovered. Deceased was carrying a bag with him which was lost after the incident. Ticket was kept in the said bag and was lost. Respondent denied its liability to pay compensation to appellant. It was alleged that deceased was not a 'bona fide passenger' of any train. Deceased did not die on account of accidental fall from the train amounting to 'untoward incident'. In fact, deceased died on account of his own acts and omissions. It was alleged that respondent was not liable to pay any compensation to the appellants.
(3.) FOLLOWING issues were framed by the Tribunal : - 1) Whether the deceased Shri Krishan Kumar Chourasia was a bona fide passenger with a valid ticket for his travel from Faridabad to Nizamuddin railway station on 16.7.12? 2) Whether the deceased met with an untoward incident, as alleged in the claim application? 3) Whether the applicants are the legal heirs of the deceased? 4) Whether the applicants are entitled for the compensation? If so, to what extent? 5) Relief if any?;