SUDHA CHOUDHARY & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Present is an appeal under section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') against the impugned judgment dated 15 th July, 2011 passed by the Railways Claims Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') whereby claim application of the appellants has been dismissed.

(2.) The appellants are family members/dependents of deceased who had filed claim application before the Tribunal alleging therein deceased was an employee of a finance company as Senior Executive at Okhla. On 21 st April, 2010, he was travelling with his colleague from Okhla to Faridabad by an EMU train on a valid MST bearing no.AB-56186820 valid from 12.4.2010 to 11.5.2010 with I card bearing no.205T9SP204. It is alleged that there was heavy rush in the train due to which deceased and his colleague were compelled to stand near the gate of the compartment. When the train started from Tuglakabad Railway Station at about 3.30 pm, it gave a sudden jerk, due to which, deceased fell down from the train, as a result of which he sustained grievous injuries all over his body and succumbed to his injuries on the spot. They had alleged that the alleged incident was an "untoward incident" as defined under the Act. The postmortem of the deceased was conducted on 22.4.2010.

(3.) The respondent had contested the claim by filing written statement wherein it is contended that deceased was not a bonafide passenger and he sustained injuries due to his own negligence, as such, the alleged incident was not covered under the provisions of Section 123(c)(2) of the Act.