UNION OF INDIA Vs. CHOTHABHAI MANUBHAI GHUNGHLVA

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 6th December 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 accidentally fell down while trying to board the train and died.

(2.) It appears from the materials on record that the deceased was travelling on 12th November 2015 from Mahuva to Surendranagar in Train No.59236 (Mahuva - Dhola Passenger). While the train arrived on Platform No.1 of the Savarkundla Railway Station, the deceased got down as he wanted to drink water. While boarding the train once again, he accidentally fell down as there was too much rush in the compartment.

(3.) Having regard to the pleadings of the parties, the Tribunal framed the following issues :