UNION OF INDIA Vs. MD SAKUR

JUDGEMENT

(1.) -HEARD learned counsel for the appellant and the respondent.

(2.) APPELLANT, Indian Railways, is aggrieved by an order dated 16. 5. 2006 passed by Railway Claims Tribunal allowing compensation in sum of Rs. 4,00,000 to the complainant whose son has been held to have suffered an untimely death in an untoward incident when travelling as a bona fide passenger in Mahananda Express. The deceased was travelling from Delhi to mansi Junction vide train No. 4084 Dn. Mahananda Express. Accident in question took place about 7 km away from Barauni junction. That deceased was a bona fide passenger in the train was established with reference to a journey-cum-reservation ticket authorising the holder thereof to undertake the journey from Delhi to Mansi junction. The Tribunal has believed the testimony of the witnesses of the claimant that the bogie was overcrowded and the deceased could not reach his seat and due to a sudden jerk he fell off the train.

(3.) SECTION 123 (c) defines an 'untoward incident'. The same reads as under: