SHANTHAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) passed in O.A. No.28/2007 by the Railway Claims Tribunal, Bangalore Bench.

(2.) The facts leading to this appeal are that on 02.09.2001, the deceased Siddappa was traveling as authorized passenger in train No.266 from Kallur Yedahalli Halt Gate in order to go to Hampapura railway station. When the train was at Dornahalli railway station, he had got down from the train. While boarding the train again, accidentally he fell down and died due to severe injuries sustained in the said accident.

(3.) The claim petition was filed by the legal representatives of the deceased Siddappa under Section 16 of the Railway Claims Tribunal Act, claiming compensation of Rs.4,00,000/-. The respondent resisted the claim petition contending that the alleged accident was due to the own negligence of the deceased as he was trying to board the moving train and thereby involved himself inviting the risk of the accident and not on account of any act of the railways. The said incident cannot be called as accident or untoward incident as it was only due to careless and negligent act of the deceased. Therefore, the respondent - railways is not liable for the self-inflicted injuries and death caused on account of the said injuries. Based on the pleadings, the Tribunal framed the following issues: