RAMLA BEEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987, by the applicants in O.A.II U ERS 82/2014 on the file of the Railway Claims Tribunal, Ernakulam Bench against its order dtd. 5/2/2016, dismissing the above O.A.

(2.) The appellants filed the above OA under Sec. 16 of the Railway Claims Tribunal Act seeking compensation of Rs.6,00,000.00being the legal heirs of deceased Jahangir, who died in an untoward incident on 30/10/2013. According to the appellants, on 30/10/2013, when Jahangir was travelling in train with a valid ticket from Aluva to Parandode and when it reached Perumon railway bridge, he was thrown out of the train due to heavy jerk and he died. The ticket was lost in the incident. The appellants filed the claim petition on the ground that it was an untoward incident. However, as per the impugned order, the Railway Claims Tribunal dismissed the application on the ground that the injuries sustained by the deceased were self inflicted. Aggrieved by the above order, they preferred this appeal raising various contentions.

(3.) According to the learned counsel for the appellants, it is a clear case of untoward incident as defined under Sec. 123 (c) of the Railways Act and as such, the Railway Claims Tribunal is not at all justified in dismissing the application.