SMT. URMILA Vs. UNION OF INDIA

JUDGEMENT

(1.) This first appeal is filed under Sec. 23 of the Railway Claims Tribunal Act, 1987. The appellants impugns the judgment of the Railway Claims Tribunal (RCT) dated 7.3.2016 by which the RCT has dismissed the claim petition filed by the appellants seeking compensation on account of death in an 'untoward incident' of Mr. Bablu on 8.8.2013.

(2.) The facts of the case are that the appellants/claimants claim that the deceased Mr. Bablu on 8.8.2013 was travelling by EMU train from Rundhi to Faridabad after purchasing a valid ticket at Rundhi Railway Station. When the deceased Mr. Bablu wanted to board the train from platform no.4 at Rundhi where he was waiting for the train to come, and when the EMU train came there was a heavy pushing and pulling, resulting in the deceased Mr. Bablu falling down on the railway tracks and getting crushed on the spot resulting in his death.

(3.) The respondent Railways contested the claim and it was pleaded that the deceased died out of his own criminal negligence as he did not die while falling from the platform but the deceased's body was cut into two pieces on account of his trying to cross the railway tracks when the subject train came. The RCT held the deceased to be a bona fide passenger because the deceased was having a train ticket which was proved as Ex.A-10 but the issue before the RCT was that whether the deceased died out of his own criminal negligence or there was an untoward incident.