MAHABOOB SAB S/O LATE SYED SAB AND MAHABOOB JAAN W/O SRI MAHABOOB SAB Vs. UNION OF INDIA SOUTH WESTERN RAILWAYS, REPRESENTED BY ITS GENERAL MANAGER

JUDGEMENT

(1.) One Mr. Shahnawaz was said to have been travelling in Train bearing No. 1014 as a bona fide passenger and on the fateful day viz., on 3.9.2003 he is said to have fallen down from a moving train on account of heavy jerk and suffered multiple injuries and was shifted to Victoria Hospital for treatment and on account of the injuries sustained and medical treatment extended to said Shahnawaz did not save his life and ultimately, on 6.9.2003 he is said to have succumbed to injuries sustained in accident referred to above.

(2.) On account of death of said Shahnawaz his parents i.e., appellants herein filed a claim petition under Section 16 of The Railways Act, 1989 claiming compensation for death caused in train accident in a sum of Rs. 4,00,000/ -. On filing of complaint before Railway Claims Tribunal, Bangalore, same came to be registered as O.A. No. 6/2004 by Railway Claims Tribunal. Bangalore Bench and notice was issued to respondent. Respondent filed a detailed statement of objections contending that accident in question does not attract the definition of the word 'untoward incident' as defined under Section 123(c) of The Railways Act. 1989 and it was contended that claimants were not entitled to claim compensation under Section 124A of The Railways Act, 1989. Having denied entire averments made in claim petition, respondent sought For dismissal of claim petition.

(3.) On the basis of the pleading of the parties. Tribunal framed following issues for its consideration.