UNION OF INDIA Vs. HARKESH & ORS

JUDGEMENT

(1.) The parties have challenged the award of the Railway Claim Tribunal whereby compensation of Rs.4,00,000/- along with interest @ 9% per annum has been awarded to the parents of Late Pradeep Sharma alias Sunny.

(2.) Harkesh and Savitri Devi (Respondent no.1 and 2 in FAO 109/2017 and appellants in FAO 45/2018) hereinafter referred to as 'the claimants' filed an application for compensation before the Railways Claim Tribunal on the averments that on 29th August, 2015, Pradeep Sharma alias Sunny along with his aunt boarded the train from Shahdara Railway Station after purchasing a valid ordinary second class ticket; train was over crowded; when the train started moving, Pradeep fell down from moving train due to sudden jerk/jolt and push/pull of the passengers and suffered grievous injury; the right hand of the Pradeep amputated; the hand bag containing the clothes, money and railway tickets was lost during the accident; Pradeep was taken to G.T.B. Hospital, Delhi and thereafter, shifted to Safdarjung Hospital, Delhi where he succumbed to his injuries during medical treatment on 6th September, 2015.

(3.) The Railways contested the claim on various grounds interalia that the deceased was not a bonafide passenger as he was not holding a valid railway ticket and he was negligent in trying to catch the moving train and; the injuries suffered by deceased are self-inflicted and therefore, the claimants are not entitled to any compensation.