- (1.) The present appeal is directed against the judgment dated 25.10.2013, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, vide which the claim application of the present appellants was dismissed.
(2.) The case of the appellants is that Vinod son of the appellants boarded a local train from Faridabad on 13.7.2011 to deliver lunch to applicant No. 1. It is stated that due to heavy rush and jerk of the train, the son of the appellants fell down from the running train at km 1505/26 near New Town, Faridabad Railway Station. He was having a valid monthly seasonal ticket from Banchari to Faridabad from 27.6.2011 to 26.7.2011.
(3.) The Railway contested the claim on the ground that the deceased died as a result of injuries suffered by him having been hit by MQF-Special train near down starter signal. The body was found lying in the middle of third line. It was stated that the deceased was not a passenger of the train and, therefore, the applicants are not entitled to compensation. From the pleadings, following issues were framed :- 1. Whether the deceased was a bonafide passenger of train at the time of incident 2. Whether the incident is covered within ambit of Section 123 (c)(2) read with Section 124-A of the Railways Act 3. Whether the applicant(s) is/are the sole dependents of the deceased 4. Relief.;