FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI

JUDGMENT

1. Judgment and order dated 28.12.2022 passed by learned Railway Claims Tribunal (for short ‘the Tribunal’) in Case No.OA-IIu/2019/0103 which is subject matter in this appeal under section 23 of the Railway Claims Tribunal Act, 1987, is at the behest of Railway Administration. By impugned judgment, learned Tribunal awarded Rs.8 lakhs with interest @ 9% per annum from the date of accident till realization.

2. Brief facts are that on 24.11.2019, the deceased – Anil Ugrejiya was travelling from Vapi to Udhwad Railway station by train holding travelling ticket which he lost in the accident. It is also claimed by the claimant that due to heavy rush, deceased could not get seat and therefore, he was standing near the door of compartment. It is further averred that deceased fell from train running between KM. No.173/18-19 and sustained injuries and died on the spot. Therefore, claimant preferred claim petition.

3. Railway Administration filed written statement along with DRM report claiming that deceased was not bona fide passenger as no travelling ticket was recover