UNION OF INDIA Vs. MAHADEVBHAI GANGARAM SAVADIYA

JUDGEMENT

(1.) This First Appeal is at the instance of the Railways in a proceeding under section 16 of the Railway Claims Tribunal Act, 1987, and is directed against an award dated 9th June 2016 passed by the Railway Claims Tribunal, Ahmedabad Bench, thereby allowing the claim petition of the claimants on the ground that the deceased was a bonafide passenger and he died on account of an accidental fall while trying to board the train from the opposite direction.

(2.) It appears from the materials on record that the deceased wanted to travel from Thangadh to Wankaner on 17th October 2014. It is not in dispute that he had a valid railway monthly season ticket bearing no.B-20674370. While trying to board the Train No.19005 (Mumbai Central - Okha Saurashtra Mail), he fell down and suffered serious injuries which proved to be fatal.

(3.) The case of the Railways is that the deceased fell down while trying to board the train from the opposite side, i.e. not from the platform but from the railway track.