U.O.I. Vs. HARISH CHANDRA TIWARI

JUDGEMENT

(1.) This is an appeal by the Union of India through the General Manager, Northern Railways from a judgment and order of the Railway Claims Tribunal, Lucknow Bench, Lucknow, in Case No. OA/II/U/384/2013, Harish Chandra Tiwari v. Union of India, awarding compensation to the claimant-respondent on account of his father's death in a railway accident.

(2.) The claimant, Harish Chandra Tiwari, instituted proceedings under Sec. 16 of the Railway Claims Tribunal Act, 1987 with allegations that on 17/3/2011, his father, Ram Prasad Tiwari, died in a railway accident, while travelling on board the Ganga Gomti Express from Lucknow to Prayag. It was pleaded by the claimant that his father boarded the Ganga Gomti Express at Lucknow with Prayag as the destination on a Second Class ticket, on 17/3/2011. As the train was moving near the Up Advance Signal at the Lalgopalganj Railway Station, the deceased suddenly fell off the train. In consequence of the injuries sustained in the accident, Ram Prasad Tiwari died. The petitioner filed a written statement, wholesomely denying the respondent's claim. The claim was particularly resisted on the plea that the deceased was neither travelling on the train in question nor did he suffer injury in consequence of a railway accident. It was averred that the claim is baseless and founded on concocted facts. The petitioner pleaded that the claim was barred by Sec. 124A of the Railways Act, 1989.

(3.) On the pleadings of parties, the Tribunal framed the following issues (rendered into English from Hindi vernacular) :