UNION OF INDIA Vs. BHAGVATSINGH SUVESINGH YADAV

JUDGEMENT

(1.) This First Appeal under section 23 of the Railway Claims Tribunal Act, 1987 (for short 'The Act,1987') is at the instance of the original respondent - Western Railway and is directed against the Judgment and Order dated 06.09.2016 passed by the Railway Claims Tribunal, Ahmedabad in Case No. OA-2014-0089.

(2.) The Judgment and Order passed by the tribunal reads as under:-

(3.) Mr. Karnavat, the learned counsel appearing for the appellant submitted that the tribunal committed a serious error in allowing the application filed by the respondents herein for compensation. According to Mr. Karnavat, the case on hand is one falling within the ambit of "untoward incident" as explained in section 123 of the Railways Act, 1987. The case sought to be put forward by the appellant herein is that the deceased was in fact trying to cross over the railway tracks and in the process, was run over by the train. This theory has been accepted by the tribunal. After due consideration of the evidence on record, the tribunal has recorded a finding of fact that the case is one of untoward incident falling within the ambit of Section 123 of the Act.