SANTOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANTS are legal heirs of Late Shri Ram Nath. They filed a claim application before the Railway Claims Tribunal, Principal Bench, Delhi seeking compensation of Rs. 4 lacs in respect of death of Shri Ram Nath in relation to Firozpur Janta Express train. She alleged that on 8th October, 2012 deceased -Ram Nath was travelling from Tuglakabad Station to New Delhi Railway Station by Firozpur Janta Express when he accidentally fell down from the crowded compartment of the running train near Shivaji Bridge, Delhi due to heavy rush and sudden jerk. Deceased was rushed to RML Hospital where he died on 10:50 pm on the same day.

(2.) RESPONDENT alleged that deceased did not die in an "untoward incident" within the meaning of Section 123(c)(2) of the Railways Act, 1989 (for short, hereinafter referred to as the "Act"). It was alleged that deceased died on account of his own negligence. They further alleged that appellants were not entitled to any compensation under Section 124 -A of the Act since deceased did not die in an "untoward incident".

(3.) FOLLOWING issues were framed by the Tribunal : -