FARHAT JAHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the order dated 25.3.2011 by virtue of which the claim petition of the appellants was dismissed by the Railway Claims Tribunal for grant of compensation.

(2.) Briefly stated the facts of the case are that one Jamil Akhtar, s/o Late Naziruddin and husband of appellant No.1, who was aged around 32 years, working as a private employee, was allegedly travelling by Train No.5610, Awadh Assam Express on a valid 2nd class journey ticket from Nangloi to Delhi Kishan Ganj on 19.9.2008 at about 7.00 hours. It was alleged that he was standing near the gate of the compartment and due to heavy rush in the train, he accidently fell down from the running train at Nangloi railway station as a consequence of which he sustained grievous multiple injuries on his person, whereupon he was taken to Bhagwan Mahavir Hospital, Pitampura, Delhi. It was alleged that he succumbed to his injuries and was survived by appellant No.1, Farhat Jahan, his wife, three daughters, namely, Kumari Arfi Firdos, Kumari Arshi Firdos & Kumari Fahdas Zamel and Atiman Khatoon, his mother, who are appellant Nos.2 to 5 herein.

(3.) The respondent filed its written statement and contested the claim that the deceased was a bona fide passenger. It was alleged by the respondent that the deceased died on account of self-inflicted injuries because of his own negligence and, therefore, the case of the deceased was not covered under Section 123 (c) (2) of the Railways Act. It was also alleged that the railways are exempted from any liability under Section 124-A of the Railways Act.