CHAMPA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 8.2.2012 which has dismissed the claim petition.

(2.) The claim petition has been dismissed because the Tribunal holds that when the train is being placed at a platform it is not a 'train carrying passengers' as per the meaning of the expression as found in Section 123(c) of the Railways Act, 1989 and therefore there is no untoward incident for the Railways to be fastened with the liability of compensation. The relevant paras of the impugned judgment dated 8.2.2012 reads as under:-

(3.) The admitted facts are that the deceased Sh. Devender Nath Gourd died in an untoward incident on 28.8.2010 while trying to board the Shalimar Express train when it was being put on platform. The admitted facts in this regard are contained in paras 6.1 to 6.4 of the impugned judgment and which read as under:-