RAJ PAL GOEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge under Section 23 of the Railway Claims Tribunal Act, 1987 is to the impugned judgment dated 29.4.2011 by which the claim petition was dismissed.

(2.) The Railway Claims Tribunal dismissed the claim petition on the ground that the facts in the present case do not show any untoward incident as per Section 123(c) and Section 124A of the Railways Act, 1989 because the deceased was travelling on the roof of the train. Travelling on roof of the train therefore in effect amounts to criminal negligence and self-inflicted injuries whereby Railways are not liable.

(3.) The relevant observations made by the Railway Claims Tribunal in this regard are contained as under:-