JUDGEMENT
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(1.)This first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 impugns the judgment of the Tribunal dated 11.12.2012 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellant/father of the deceased Ms. Anita Yadav, who died in an untoward incident on 2.3.2011.
(2.)(i) The facts of the case are that Ms. Anita Yadav, a Sub-Inspector in U.P. Police and the daughter of the appellant/petitioner before the Tribunal, was traveling with her brother Sh. Jitender on 2.3.2011 from Ghaziabad to Old Delhi Railway Station by the Padmavat Express train after purchasing two tickets. It was the case of the appellant that when the train was passing through Shahdara station, all of a sudden due to jerk and jostling, Ms. Anita Yadav fell down from the moving train and consequently sustained grievous injuries. Ms. Anita Yadav due to the injuries, died in the hospital during the same day.
(ii) Respondent contested the claim petition by pleading that the deceased was not a bona fide passenger. Respondent also contended that the deceased must have tried to get down while the train was passing at Shahdara station to cut short the time to reach her brother's house at East Arjun Nagar Colony and in this process she died because of her own criminal negligence.
(3.)Before me, learned counsel for the appellant has rightly argued that the documents filed by the respondent itself before the Tribunal, including the document Ex. RW-1/1 dated 2.3.2011, show that one person had fallen down from the train 4205 Express Train while passing through Shahdara station, Platform nos. 4 & 6 and this person indubitably is the deceased Ms. Anita Yadav, because it is not the case of the respondent that any other person fell down from the train 4205 Express on 2.3.2011. Similar certificate has been proved on record as Ex. AW-1/2. It is argued on behalf of the appellant that it is not unknown that in such untoward incident cases, the ticket can be lost, and that the ticket was in fact lost because the deceased Ms. Anita Yadav was carrying a small bag which contained the train ticket, and this bag was lost in the untoward incident. It is also argued that all the other documents being AW-1/3 to AW 1/8 show that accident in question did happen on 2.3.2011, and which documents are the DD entries of the police and the reports made by the police.
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