UNION OF INDIA Vs. BHAGWATIBEN SURESHBHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant � Union of India has challenged the judgment and order dated 06.08.1999 passed by the learned Railway Claims Tribunal, Ahmedabad Bench in Claim Application No.0A9800058, by which the learned Tribunal has allowed the application preferred by the respondent herein for compensation.

(2.) FACTS :

(3.) HEARD learned advocates for the respective parties. This Court has perused the judgment passed by the Tribunal. It is admitted fact that deceased was travelling by Ashram Express Train No.2916 on 19.11.1997. The facts reveal from the evidence adduced by the respondents herein are that two other persons were also travelling in the same compartment and came close to all the three victims and took into confidence. Both of them said that they were going to Palanpur. All of them had tea at Abu Road Railway Station. At that time, two unknown persons who had cultivated closeness with the three victims had offered cream biscuits to the victims. After eating cream biscuits, three became unconscious and two persons who had offered cream biscuits eloped with the luggage and valuable. The contention of the learned advocate for the applicant that case cannot be considered as untoward incident is concerned, learned Tribunal has considered the said aspect and it is held by the Tribunal that since the victim died of violent attack by administration of poison, it would clearly come within the definition of 'untoward incident' and the claimants would be entitled to get compensation under section 124A. This Court is in agreement with the said finding. Further, in this regard, in the case of Union of India (supra), High Court of Kerala at Ernakulam in para 6 has held as under :