RAJ KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal under Section 23 of the Railways Claim Tribunal Act, 1987 is filed by the appellants against the impugned judgment of the Railway Claims Tribunal dated 23.1.2017 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellants for grant of statutory compensation on account of death of Sh. Sukh Ram, and who was the husband and father respectively of the two appellants/applicants.

(2.) The facts of the case are that the subject claim petition was filed pleading that the deceased Sh. Sukh Ram was travelling from Delhi to Bharthna by Unchahar Express after purchasing a valid train ticket. It was further pleaded that when the train started moving from Etawah Railway Station, Sh. Sukh Ram fell down from the train due to jerk/jolt and he died. The railway police at Etawah informed the appellants and hence the subject claim petition was filed seeking statutory compensation of Rs.8,00,000/-.

(3.) The issue with respect to entitlement to statutory compensation is that if an untoward incident happens to a bona fide passenger then statutory compensation can be claimed. This is the subject matter of Section 123(1)(c) of the Railways Act, 1989 and Section 124A thereof. The requirements of these Sections inter alia are twofold. Firstly, the deceased traveler should be a bona fide passenger i.e he is travelling on a valid ticket and secondly there must be an untoward incident i.e a person does or suffers injuries on account of an unintended negligence in a train accident. Of course, in terms of Section 124 A of the Railways Act if the deceased suffers injuries or dies for his own criminal negligence as per eventualities given in the various situations provided under Section 124A of the Railways Act, then statutory compensation cannot be granted.