Valmiki J. Mehta, J. (Oral)

1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Railway Claims Tribunal dated 18.8.2010 which has dismissed the claim petition.

2. The claim petition was filed by the appellants, applicants before the Railway Claims Tribunal, as dependants of the deceased Sh. Sanjeev Das, who died in an untoward incident on 8.6.2009 by falling from the train while travelling from Rathdhana to Holambi Kalan.

3. The Railway Claims Tribunal has dismissed the petition by making the following observations:-

“Regarding Issue Nos 2,3 & 4

These issues are clubbed together for the sake of convenience, and also because they are inter-related. The applicant have placed on record the ticket valid from Rathdhana to Holambi Kalan (AW1/8). There is also on record the Jamatalashi Report (AW1/9) which shows that two tickets, one from Rathdhana to Holambi Kalan and another from Holambi Kalan to Rathdhana were recovered from the body of the deceased. However, the respondent’s counsel has argued that although two tickets were available in the pocket of Sh. Sanjeev Das, there is no mention of the train by which he was