RACHNA AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has challenged the impugned judgment dated 3rd February, 2016 whereby the Railway Claims Tribunal has dismissed the claim application of the appellants.

(2.) The appellants are the widow, son and two daughters of late Dhan Prakash who died on 28th November, 2014. The deceased, Dhan Prakash fell down from Delhi Saharnpur passenger train at Old Delhi Railway Station. Late Dhan Prakash was holding a valid MST pass No.87931204 at the time of the accident. The respondent contested the claim on the ground that the deceased was negligent in boarding the train and therefore, not entitled to the compensation.

(3.) The Railway Claims Tribunal dismissed the claim on the ground that the accident does not fall within the definition of untoward incident within the meaning of Section 123(c) read with Section 124- A of the Railways Act as the deceased fell down between the platform and the moving train while boarding a moving train.