JUDGEMENT
SNEH PRASHAR,J. -
(1.) Assailing the judgment dated 25.02.2011 passed by
Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the
Tribunal") by virtue of which an application filed by the appellants
claiming a sum of Rs. 20,00,000/- as compensation was dismissed, the
appellants filed the instant appeal.
(2.) Precisely, the averments of the appellants in the application for compensation filed by them before learned Tribunal were that Dara Singh
was travelling in train no.5RD from Delhi to Rewari and when the train
reached in the area of Jakholi railway station, suddenly Dara Singh fell
down from the train due to negligence of the railway department/driver of
the train. The deceased was said to be a bona fide passenger as he was
having a railway ticket purchased for him by Krishan son of Devi Sahai,
resident of village Kerli, District Mahindergarh.
(3.) The application for compensation of the appellants was contested by the respondent-railways. The preliminary objection raised by them was
that the application was not maintainable under Section 124-A of the
Railways Act, 1989 (for short, "the Act") and that the statement of the
witnesses recorded by the G.R.P. reveal that the deceased fell down from
some unknown train and with a malafide intention to claim compensation,
the train number was lateron mentioned. It was also pleaded that the
deceased was not a bona fide passenger as no ticket was found in his
possession.;
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