This miscellaneous appeal under Section 23 of Railway Claims

Tribunal Act, 1987 has been filed against the award dated 24.06.2021

passed by Member, Railway Claims Tribunal, Bhopal in Case

No.OA/IIu/BPL/068/2019 by which the claim petition filed by the

appellants for grant of compensation has been rejected mainly on the

ground that the claim of the appellants is hit by Section 124-A of

Railways Act, 1989 and secondly, the deceased was not travelling with a

valid ticket.

Since the date of the incident and the death of the deceased are not

in dispute, therefore, the only questions for consideration are:

(i)

whether deceased Shambhu Prasad Tiwari was travelling with

a validly issued ticket or not?

(ii)

whether the claim is hit by Section 124-A of Railways Act,

1989?

(i) whether the deceased Shambhu Prasad Tiwar was travelling

with a validly issued railway ticket?

It is the case that when the deceased was trying to deboard a

moving train, he slipped on the platform, as a result, both of his legs

were badly damaged. Since the deceased was all alone, therefore, his

son was informed. A Roznamcha Sanha, A/1 was recorded by Sub-