LAXMI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard learned counsel for appellants and learned counsel for Railways.

(2.) THE tribunal has dismissed the claim petition. The tribunal has held that deceased fell down while trying to board a moving train by holding a mobile telephone in one hand.

(3.) THE Tribunal has also assigned other reasons for dismissal of claim petition. The Tribunal has held that deceased had boarded the train at Harihara. He was travelling to Kodaganur, which is at a distance of 34 kilometers from Harihara. In the circumstances, the deceased had no legitimate reasons to get down from the train at Tolahunase railway station, which is at a distance of 23 kilometers from Harihara. It is not in dispute that the train had stopped at Tolahunase station. In the circumstances, tribunal was not justified in holding that the deceased should not have got down from the train at Tolahunase railway station. The deceased succumbed to injuries at Tolahunase railway station. It is not disputed that deceased slipped and fell down while trying to board the train.