MUKESH RANI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have challenged the order of the Railway Claims Tribunal whereby their application for compensation has been dismissed.

(2.) On 25th July, 2008, Jagbir Singh was waiting for a train on the platform of Mangolpuri Railway Station when he accidentally fell down on the railway track due to the over-crowd and was ran over by Awadh Assam Express Train. The deceased was survived by widow and two minor children who filed the claim petition before the Claims Tribunal.

(3.) The Railway Claims Tribunal held that the deceased was a bona fide passenger holding a valid ticket at the time of accident. However, learned Claims Tribunal rejected the claim on the ground that Sec. 123(c) of the Railways Act only covers the cases of the passengers who accidentally fall down from the train. Learned Tribunal held that since the deceased has not fallen down from the train, the claim does not come within the definition of an untoward incident as defined in Sec. 123(c) of the Railways Act.