URMILA DEVI Vs. UOI

JUDGEMENT

(1.) The appellant has challenged the order of the Railway Claims Tribunal whereby his application for compensation has been dismissed.

(2.) On 05th March, 2006 at about 10:15 p.m, late Sudhir Kumar Jha was boarding train No.2562 at New Delhi Railway Station for going to Muzaffarpur when six passengers fell on the railway line due to the heavy rush at the platform and the parcels kept by the Commercial Department on the platform. Three persons including Sudhir Kumar Jha expired whereas the other three suffered grievous injuries. The appellant is the mother of the deceased, Sudhir Kumar Jha who filed the claim petition before the Claims Tribunal. The Claims Tribunal dismissed the application for compensation on the ground that the accident does not fall within the definition of "untoward incident" under Sec. 123(c) of the Railways Act.

(3.) Mr. Joydeep Mazumdar, learned counsel for Railways has produced the record of the DRM which confirms that the parcels were stocked by the Commercial Department of Railways but tends to exonerate Railways on the ground that the passengers are supposed to take all possible care to avoid the accident.