RANI MITTAL AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal filed against the judgment dated 18.07.2007 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (herein after referred as "the Tribunal") vide which the claim application filed by the claimants-applicants was dismissed.

(2.) The brief facts of this case as stated by the learned counsel for the appellants are that Kamlesh Kumar Mittal, husband of the appellant No. 1 and father of appellants No. 2 and 3, was travelling in a train No. 4711 Intercity Express on 106.2002 from Patiala to Rampura with second class train ticket. When the train stopped at Barnala Railway Station, Kamlesh Mittal de-boarded the train to fetch drinking water. After taking water, when the deceased tried to board the train, it started moving and resultantly, he fell down on the track and died at the spot.

(3.) In the reply, the respondent has taken the stand that Kamlesh Mittal is not a bona fide passenger of the said train. It was stated that no such untoward incident or railway accident within the meaning of Section 123 (c) has taken place. No ticket was found from the personal search of the deceased. From the pleadings, the following issues were framed:-