SUREKHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants in this appeal are challenging the judgment and order dated 23-01-2009 passed in OA (II-U) 31/2008 by the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as 'the Tribunal' for short) dismissing the claim petition filed by the appellants.

(2.) The appellants filed the claim petition contending that husband of the first claimant, father of claimants 2 and 3 Sri.Annarao Bhujarke was working as an Assistant Engineer, APMC, Gulbarga. On 2-7-2007, in order to go to Bangalore, the deceased was proceeding to board Train No.2628 on Platform No.1. There was heavy rush on the platform and also in the train.

(3.) In pursuance of the notice issued by the Tribunal, the respondent-Railways filed the written statement denying the entire averments made in the claim petition and contended that the deceased died due to negligence on his part since he tried to board the running train No.2628 at Gulbarga Railway Station. Due to his own negligence, he had fallen down and train ran over him.