- (1.) This appeal is directed against the judgment dated 01.05.2015 passed by Member (Technical) Railway Claims Tribunal, Ranchi in Case No. OA (IIU)/RNC/2014/0006, whereby the appellant's claim for compensation was dismissed.
(2.) Learned counsel for the appellants has submitted that it would be evident from the impugned order that the Tribunal, while deciding the issues as to whether the deceased-Ritlal Prasad Kushwaha was a bona fide passenger or not, has held that on the date of the incident i.e. on 11.02.2008 the deceased was travelling, Ex-Hazaribag Road to Delhi on a valid ticket. It is submitted that the information report (Annexure-1) given on the Guard/Breakman's Appearance register to the Officer-in-Charge of the Railway Protection Force, at Ghaziabad, Railway station, it is stated that while deboarding train No. 2817, Swarn Jayanti Express, the deceased came under the wheels of the train which is corroborated by Annexure-2 and the inquest report, Annexure-3. That Annexure-4 is the report of the Officer-in-Charge of G.R.P, Gaziabad, wherein it is stated that the witnesses have stated that the deceased slipped at platform No.5 while getting down at Gaziabad Railway station and came under the wheels of the train whereby he sustained injuries resulting in his death. It is submitted by the learned counsel that the Tribunal has rejected the claim for compensation on the basis of the contention of the learned counsel for the respondent that the train does not have any scheduled stoppage at Gaziabad and the deceased met with the accident because he attempted to alight from the running train. Accordingly the Tribunal held that the deceased died due to his own negligence. It is argued that such a finding of the Tribunal is contrary to the material evidence on record.
(3.) Learned counsel for the respondent-Union of India has submitted that there is no illegality or infirmity in the impugned order and Swarn Jayanti Express on which the deceased was travelling does not have any scheduled stoppage at Gaziabad. It is submitted that deceased died due to his own fault while trying to de-board from the running train. Thus in the given circumstances, it was the reckless and negligent act of the deceased which was the cause of his death, hence the Tribunal has rightly rejected the claim for compensation.;