JOTHILAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 11.09.2019 passed in OA(IIu/MAS/204/2018) is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the application was filed under Section 16 of the Railways Act. The claimants, even in their application, categorically states regarding the brief particulars of the accident, indicating the day and place of accident and the name of the train involved. The brief particulars of untoward incident also explain that it is relevant to note down that the particulars of untoward incident narrated in the application filed by the appellants reveals that "Natural Death due to cardiac arrest while performing the journey on 28.12.2017 at Jolarpettai Junction at about 02.05 a.m. Therefore, the question arises whether such natural death can be construed as an 'Untoward incident' within the meaning of Section 123 of the Railways Act.

(3.) The Railway Claims Tribunal adjudicated the facts and circumstances. The findings of the Railway Tribunal clearly states that it is a natural death due to cardiac arrest even as per the claimants. When the claimants themselves admitted that it is a natural death, there is no reason to arrive a conclusion that the death is an 'Untoward incident' within the meaning of Section 123 of the Railways Act.