SNEH PRASHAR,J. - (1.) Assailing the judgment dated 14.03.2008 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal") by virtue of which the claim application filed by the appellants claiming a sum of L 4,00,000/- as compensation was dismissed, the appellants filed the instant appeal.
(2.) The submissions made by Mr. Somesh Gupta, learned counsel for appellants and Ms. Abha Rathore, learned counsel for the respondent have been heard and record perused.
(3.) Learned counsel for the appellants argued that the deceased was a resident of Ambala and was working at Patiala. He was a daily passenger and used to travel by train. On the relevant day, he was to travel from Patiala to Ambala by train No.4 UB and was all alone. From the affidavit of RW1 Shri Anil Verma, Passenger Guard tendered in evidence, it transpires that the stoppage of the train at Kauli railway station was of one minute only. The deceased was trying to board the train when his foot slipped and he fell and suffered the fatal injuries. Learned Tribunal erred in ignoring the relevant documents i.e. the report of Divisional Railway Manager and the postmortem report which supported the factum of accident pleaded by the appellants. It was also wrongly held by learned Tribunal that the deceased was not a bona fide passenger when during personal search of the dead body in the presence of staff of railways, a monthly season ticket from Ambala to Patiala was recovered from its possession. In case there was any lapse in preparing the document by the railway agencies, the appellants should not be left to suffer for the same.;