VIDYAWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of an order dated 18.02.2008 passed by the Railway Claims Tribunal, Principal Bench, Delhi, (hereinafter referred to as "the Tribunal"), whereby the learned Tribunal has dismissed the claim of the appellant filed under Section 16 of the Railway Claims Tribunal Act for payment of compensation on account of death of Sh. Vijay Kumar, who was admittedly a bona fide passenger.

(2.) According to the appellant, the deceased boarded the EMU passenger train from Palwal Railway Station for Delhi and when the train was running between Faridabad and TKD railway stations, the deceased while proceeding towards the door of the train for throwing out the contents of the stomach, accidentally fell down from the train due to jerk and sustained injuries on his person and died.

(3.) The claim was contested by the respondent-Railway Administration by filing a written statement, wherein they had taken a plea that the death of the deceased had occurred on account of his own negligence inasmuch he was hit by the pole of signal and not due to jerk as alleged.