HARVINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal arising out of an order passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the Tribunal) dated 15.04.2010 in O.A. No.97/2009 whereby the Tribunal has dismissed the claim application filed under Section 16 of the Railway Claims Tribunal Act by the dependants of the deceased only on the ground that the deceased fell down when he tried to get down from a moving train. The findings returned by the Tribunal have been assailed by the appellants. According to the appellant, liability of the Railways when an accident occurs and leads to infliction of injury or causing of death is absolute, the reasons given by the Tribunal in having dismissed the claim petition are not sustainable. The appellants have denied that the deceased was not a bonafide passenger.

(2.) The Tribunal, on the pleadings of the parties, framed the following issues:

(3.) To appreciate the controversy, it would be appropriate to take note of the findings returned by the Tribunal on issues No.2 and 3 which are as under: