JAGWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge by means of the first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is to the impugned order dated 29.11.2010 of the Railway Claims Tribunal which dismissed the claims of the appellants on the ground that the deceased died in the train on account of heart failure and therefore, the Railways was not responsible.

(2.) Learned counsel for the appellants argues that the deceased died as a result of poisoning by a fellow passenger with intent to commit robbery and therefore the Railways is liable.

(3.) Let us for the sake of arguments presume that the deceased died not as a result of heart attack as was the case of the railways but the deceased in fact died on account of poisoning as per the case of the appellants. Can the railways be held liable in such circumstances ' In order to appreciate this contention, it is necessary to refer to and reproduce Section 123(c) of the Railways Act, 1989 which reads as under:- "