M P MAHANTESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants filed a claim petition under Section 16 of the Railways Act, 1989 (for short 'the Act') before the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as 'the Tribunal') being the wife and children of one M. Anand, who died on 07.02.2007, while travelling as a passenger in train No. 283 from R. Nulenur to Davanagere. The claim petition having been contested by the respondent, was dismissed, being aggrieved by which, the applicants have filed this appeal.

(2.) In the claim application it was stated that, the deceased was travelling from R. Nulenur to Davanagere by train No. 283 on a valid ticket and being thirsty, to quench his thirst, was alighting from the train to drink the water at Kodaganur Railway Station, where he accidentally fell down and died at the spot. It was stated that, the cause of accident is due to the Railway Officer and the platform, which is at lower level, which made it very difficult for the passenger to alight and board and hence being an untoward incident, which resulted in death, the compensation was claimed.

(3.) The respondent filed reply and contested the claim. It was stated therein that, the claim does not fall within the ambit of Section 123(c)(2) of the Act and it is the case of "Volenti not fit injuria" and hence no damage can be claimed. It was not a case of accidental fall from the train and on account of carelessness & negligence of the deceased, the accident occurred and hence, no compensation is payable by it.