SHAILENDRABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present First Appeal has been filed by the Appellant Original Claimant under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') against the judgment and order dated 16.12.2011 passed by the Railway Claims Tribunal in Case No. OA 0600044 on the grounds stated in the Appeal. It is contended inter alia that the deceased passenger along with other relatives visited the Veraval from her native from Madhya Pradesh. She was traveling in the train after purchasing ticket along with relatives, who boarded train no. 9222 Veraval Ahmedabad Somnath Express from Veraval railway station. However, on 19.11.2005 when the said train was passing through K.M. No. 617 / 12 - 13 near Bala Road Railway Station and when the passenger was near the entry of the compartment, in order to attend a natural call, due to sudden jerk or the jolt of the train, deceased passenger fell down from the running train which has lead to filing of the present claim.

(2.) HEARD learned Advocate Mr. P.J.Mehta for the Appellant and Mr. Ravi Karnavat for the Respondent - Railway Administration.

(3.) IN view of the rival submissions, it is required to be considered whether the present First Appeal can be entertained or not.