ANITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) By the order impugned in this appeal, Tribunal has dismissed the application under Section 16 of the Railway Claims Tribunal Act, 1987 filed by the appellant, seeking compensation of Rs. 8,00,000/- in respect of death of Late Shri Dharam Singh (deceased). Appellant is widow of deceased.

(2.) Appellant alleged that on 4th November, 2010 deceased was going from Shahdara railway station at Delhi to Baraut in Bagpat District, UP after purchasing a ticket. He boarded Delhi Saharanpur passenger. Due to heavy rush, he was standing at the door of compartment and when the train reached Saboli Fatak, deceased fell down from the moving train due to sudden jerk and jolt coupled with push of the passengers standing near the gate. Deceased sustained multiple injuries and died at the spot. Journey ticket was lost in the incident.

(3.) Respondent denied the incident. Respondent alleged that it was not liable to pay any compensation. Deceased was not a bonafide passenger. Deceased did not die on account of "accidental fall" from the train amounting to an "untoward incident", within the meaning of Section 123(c) read with Section 124-A of the Railways Act, 1989 ("the Act", for short).