UNION OF INDIA Vs. RAM SWAROOP SHARMA

JUDGEMENT

(1.) Heard Shri Anil Srivastava, learned Counsel for the Petitioner, Shri Rajendra Jaiswal, learned Counsel for the Respondent and perused the record.

(2.) The present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, has been preferred against the impugned award dated 13.9.2007, passed by Railway Claims Tribunal, Lucknow in Claim Case No. O.A. 0200123.

(3.) Brief facts of the case are that deceased Yogendra Kumar Sharma, while travelling by train in 8 LKM passenger from Fatehgarh to Lucknow, with second class ticket dated 19.4.2002, issued by Military Hospital, Fatehgarh, accidentally fell down from the train, due to sudden push by rush of passengers at Harauni Railway Station, Lucknow and in consequence thereof, sustained serious injuries which resulted into his death on spot. Inquest report was prepared and post-mortem of dead body was done at Medical College, Lucknow. After his death, the parent of the deceased approached the Tribunal for payment of compensation. Parties have led their evidences before the Tribunal and after framing of the issues with regard to accidental death and considering the evidence led by the parties, the Tribunal awarded compensation of Rs. 4 lacs. The Tribunal arrived at the conclusion that the accident in question is an untoward incident and claimants are entitled for payment of compensation.