UNION OF INDIA Vs. GANPATBHAI NARSHIBHAI PARMAR

JUDGEMENT

(1.) Heard learned Advocates for the parties. The appellant, who happen to be the original respondent in Claim Application Case No. OA 0900012, filed by the present respondents for compensation of Rs. 4,00,000 for the death of their son occurred on 25th December, 2008, have approached this Court by way of this First Appeal, challenging the judgment and order rendered by the Tribunal on 13th November, 2013, whereunder the claim is accepted with direction to pay simple interest @ 6% from the date of the application. The facts in brief as could be culled out from the memo of the appeal, as well as the judgment, indicate that the claimants' son on whom they were dependent, was travelling in train No. 407 from Kalol to Ahmedabad on 25th December, 2008. He accidentally fell down between Kalol Saiej Shertha Railway Station at Km. No. 761/9, near LC Gate No. 233/8 and succumbed to his injuries. He was bona fide passenger holding ticket bearing G-2253 7034, which has been produced in the proceedings at Exh. A4. The respondent-Railway, contested the claim primarily on the ground that the accident could not be classified to be an 'untoward incident' as such the same would not be falling under the purview of Section 123(c)(2) of the Railways Act. The Tribunal framed the following issues and answered as under:

(2.) After appreciating the evidences on record, the Tribunal came to the conclusion that the compensation as recorded in the order deserve to be allowed, which reads as under:

(3.) Ms. Archana U. Amin, learned Counsel appearing for the railway administration, invited this Court's attention to the factum of occurrence of incident and the definition of untoward incident and submitted that the liability attached to the railway is wrongfully attached and, therefore, the compensation could not have been ordered.