UNION OF INDIA Vs. JOGESHWAR PRASAD

JUDGEMENT

(1.) This appeal is filed Under Section 23 of the Railway Claims Tribunal Act, 1987 against the Judgment and award dated 15.4.2002, passed in Claim Case No. O.A. 9800147 by the Railway Claims Tribunal, Lucknow awarding the compensation to the tune of Rs. 4,00,000 alongwith interest @ 9%.

(2.) The brief facts of the case are that one Sri Ranjeet Kumar aged about 18 years of age was travelling by 377-Up Triveni Express from Rai Bareilly to Lucknow on 17.9.1996. Near the signal of Harchandpur Railway Station, the victim fallen down and died on the spot. He was holding a valid ticket No. 51865 which was on record. So, he was a bona fide passenger. For the negligence, the Tribunal has awarded statutory compensation of Rs. 4.0 lacs against the appellant-railway. Not being satisfied, the appellant-railway has filed the present appeal.

(3.) None appeared on behalf of the opposite party. However, Sri Anil Srivastava, learned Counsel for the appellant-railway submits that the deceased has fallen down due to his own negligence. He was travelling on the foot board of the train which is prohibited in view of the Section 156 of the Railways Act, 1989 read with Section 154. He also submits that in Railways, travelling on roof, foot board and engine is prohibitted. Section 124A of the Act provided the exception for the self injury and Criminal Act. However, on the specific quarry from the Bench, he accepted that the deceased was the bona fide passenger of the train No. 377-Up, Triveni Express. Lastly, he submits that since the deceased alone was responsible for the aforesaid negligence, as such, the claimants are not entitled to any compensation.