UNION OF INDIA Vs. BHARATIBEN RAVINDRABHAI KANSARA

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 24th Feb., 2016 passed by the Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad, thereby allowing the claim petition of the claimants on the ground that the deceased was a bona fide passenger and he died on account of an accidental fall while trying to board the train from the opposite direction. It appears from the materials on record that the deceased was travelling from Abu Road to Jodhpur by train No.14707, Ranakpur Express. He was travelling on 25th Dec., 2012. It is the case of the original claimants that while travelling, he accidentally fell down from the said train, as a result, he sustained severe injuries on his head, and his legs also severed off. The deceased was first admitted in the Radha Mohan Global Hospital at Abu Road and, thereafter, was transferred to V.S. Hospital, Ahmedabad for further treatment. In the course of his treatment at the V.S. Hospital, Ahmedabad he passed away on 9th Jan., 2013. The case of the Railways is that although the deceased had purchased a valid ticket as he wanted to travel from Abu Road to Jodhpur by Train No.14707, Ranakpur Express, yet, Ranakpur Express was to depart from the Plat No.2. The deceased reached the Plat Form No.1 and got down on the railway track and, thereafter, tried to board the Ranakpur Express which had already started, and in the result, the accident occurred.

(2.) The Tribunal framed the following issues;

(3.) The issues came to be answered as under;