KOKILABEN DHANAJI THAKOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of appeals under Section 23 of Railway Claims Tribunal Act, 1987 ('the Act, 1987' for short) submitted against the judgment and order dated 16.07.2018 passed by the learned Claims Tribunal whereby the claim applications came to be rejected. Since the fact situation, which are almost common, all these appeals at the request of learned counsel appearing on behalf of appellants as well as opponents are taken up and disposed of by present common judgment and order by treating the First Appeal No.3371 of 2018 as a lead matter.

(2.) The facts of the First Appeal No.3371 of 2018 are that the claim application was submitted by the legal heirs and representatives of deceased i.e. by the widow, minor daughter and the mother claiming to be the sole dependents under Section 16 of the Act, 1987 read with Section 124A and 125 of the Railways Act, 1989 for claiming compensation to the extent of Rs.4,00,000/? together with interest since on account of untoward incident the deceased Dhanjibhai Chhanaji Thakor, aged about 27 years, succumbed to injuries and died.

(3.) Similar is the case with respect of First Appeal No.3372 of 2018 wherein also the claim application came to be dismissed by holding that case is not proved and establish of untoward incident for which railway administration cannot be saddled with any responsibility. In this First Appeal, on 14.11.2014, the deceased Bhavinbhai Bharatbhusan Desaid commenced his journey from Ahmedabad to Nadiad railway station by train no.11463 Somnath - Jabalpur Express holding valid ticket having valid monthly pass from 22.10.2014 to 21.11.2014 having identity card as well and during the journey nearby Maninagar Railway Station, the sudden jerk sustained which has resulted into accidental fall of Bhavinbhai and has died and after necessary formalities of panchnama etc., legal heirs have submitted their respective claims for compensation of Rs.4 lakhs. Here also, in this present First Appeal, by raising several issues, the written arguments have been tendered before the Court pointing out series of decisions but having not satisfied that it is the case of untoward incident the railway administration's liability is not fixed which has resulted into filing of present First Appeal.