- (1.) This appeal has been preferred against the judgment and award of Railway Claims Tribunal dated 17.03.2015 rejecting claim petition of the appellants.
(2.) Brief facts of the case are that on 28.06.2010 deceased Mohammad Rafiq (husband of appellant) was traveling by train LKM Passenger from Kanpur Central to Lucknow, after purchasing a valid Second Class traveling ticket. He accidentally fell down from the train near Kanpur Central and Kanpur Bridge (LB) Railway stations and sustained serous injuries resulting in his death on the spot. The heirs of deceased-Mohd. Safeeq filed claim petition before the Railway Claims Tribunal, Lucknow Bench, Lucknow, which was contested by respondent-Union of India by filing written statement pleading interalia that the deceased did not fall down from the train in question accidentally on the alleged date of occurrence. He was not a bona fide passenger of the train. It was also pleaded that case of claimants did not come under the purview of Section 123(c) (2) of the Railways Act, 1989.
(3.) On the basis of pleadings of parties, following issues were framed: "1. Whether the deceased was a bona fide passenger of the train in question? 2. Whether incident of death of the deceased falls under the ambit of an untoward incident as defined under Section 123 (c) (2) read with Section 124-A of the Railways Act, 1989? 3. Whether the applicant is only dependent of the deceased? 4. To what relief ?";