SANTOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) This case has been passed over 3 times before. This is the 4th time the matter has been called out and it is 2.40 p.m. On the first call, passover was sought on behalf of the appellant. On the next two passovers, no one appeared on behalf of the appellant. Counsel for the respondent was represented on the first call. Since no one has appeared for the appellants, I have perused the impugned order, the record before the Railway Claims Tribunal and having heard Counsel for the respondent, I am proceeding to dispose of the appeal.

(2.) The challenge by means of this First Appeal under Section 23 of the Railway Claims Tribunals Act, 1987 is to the impugned order of the Railway Claims Tribunal dated 13.10.2010 which dismissed the Claim Petition of the appellants, and which Claim Petition was filed on the ground that there was death of the deceased, Sh. Mohinder Singh in an untoward incident on 1.7.2009.

(3.) The facts as alleged by the appellants/claimants were that Sh. Mohinder Singh boarded the train 2MNR from Vivekanandpuri Railway Station to Gurgaon on 1.7.2009, however, due to heavy rush of passengers he fell down from the train at Vivekanandpuri Station itself and died on the spot. It was claimed that the death was on account of an untoward incident as stated in the Section 123(c) of the Railways Act, 1989 read with Section 124-A of the said Act. The respondent contested the petition and claimed that the deceased died on account of his own negligence because the deceased tried to get on a running train which had gathered speed, and therefore, the deceased was unable to board the train and he fell down and was crushed under the wheels of the train.