UNION OF INDIA Vs. RAJ KUMARI & ORS.

JUDGEMENT

(1.) HEARD Mohd. Abid Ali, learned counsel for the appellant and Sri Rajendra Jaiswal, learned counsel for the claimants - respondents.

(2.) BRIEF facts giving rise to the present appeal relates to the accidental death of Mandrika Singh, who was alleged to have been travelling in Sabarmati Express on 08.06.1997. It is pleaded that the deceased was having a valid ticket to travel from Ahmedabad to Gorakhpur. Before arrival of the train at Barabanki Railway Station, the deceased with intention to change the compartment came at the gate and because of pushing back by the crowd he fell down from the compartment and succumbed to injuries. The dependents of the deceased approached the Tribunal and the Tribunal after recording evidence and providing opportunity of hearing to the parties came to the conclusion that the deceased was a bonafide passenger and the claimants are entitled for compensation. The Tribunal has awarded maximum compensation of Rs.4.0 lacs to the dependents of the deceased. Feeling aggrieved, the appellant has filed the present appeal.

(3.) ON the other hand, learned counsel for the claimants-respondents has relied upon a Division Bench judgment of this Court reported in 2009 (27) LCD 240; Akhtari v. Union of India and submitted that the deceased was a bonafide passenger and since he fell down from the train because of over crowded compartment, the dependents are entitled for payment of compensation.