UNION OF INDIA Vs. SHANTAVVA

JUDGEMENT

(1.) This appeal under Sec. 23(1) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') has been filed by the Union of India being aggrieved by the judgment and award dtd. 9/6/2016 passed by the Railway Claims Tribunal, Bangalore Bench (hereinafter referred to as 'the Tribunal') in O.A.II U 943/2014 whereby the application is allowed awarding compensation of Rs.4.00 lakhs with interest.

(2.) The brief facts of the case are that on 20/10/2013 the deceased Ravindra with a view to go to Belgaum went to Ghataprabha Railway Station in the afternoon along with one Sunil and the said Sunil purchased the journey ticket to travel in Haripriya Express from Ghataprabha to Belgaum and handed over the tickets to the deceased. When the train was about to leave, the deceased while boarding the train suddenly slipped and accidentally fell down from the said train. As a result, he sustained grievous injuries and died at the spot.

(3.) The applicants are the wife and children of the deceased. They filed an application under Sec. 16 of the Act before the Tribunal. On service of summons, the appellant herein - Union of India appeared through counsel and filed the written statement denying the allegations made in the application and has taken a specific contention that the deceased tried to board the moving train, risked himself and died and hence, sought for dismissal of the application.