JAYPRAKASH GHASITELAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The seminal question which fall for consideration in this appeal is whether parent of stillborn child who met with railway accident can claim compensation under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 125 of the Railways Act, 1989.

(2.) This appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 challenges judgment and order dtd. 7/12/2021 passed by learned Railway Claim Tribunal, Ahmedabad in Case No.OA-IIu/2018/0112, whereby the claim application preferred by Jayprakash Ghasitelal father of stillborn child for getting compensation of Rs.8.00 lakhs was dismissed.

(3.) Factual aspects borne out of impugned judgment and order, as well as record and proceedings, in brief are as under :- 3.1. On 15/4/2018, the applicant Jayprakash Ghasitelal was travelling along with his wife Usha Devi, who was having 9 months pregnancy, from Kim to Kanpur Railway Station holding railway ticket No.N-28152749 to No.N-28152752 (in all total 4 tickets) including ticket for deceased Usha Devi. Husband and wife along with family were travelling on train No.69109 down memu passenger train. The claimant pleaded that there was heavy rush in the train and therefore, there was no alternative left for the applicant except to stand near entrance door of compartment. It is further pleaded that when train started from Kim railway station, due to heavy jerk and jolt, wife Usha Devi fell from running train and died while shifting to hospital. Along with Usha Devi, her stillborn child also died. It is in this background, claimant claimed compensation of Rs.8.00 lakhs along with interest for stillborn child.