UNION OF INDIA Vs. KESAR DEVI

JUDGEMENT

(1.) Heard Sri Varun Pandey, learned counsel appearing on behalf of the appellant-Union of India.

(2.) The appeal arises out of the judgment dtd. 7/4/2003 rendered by the Railway Claims Tribunal, Lucknow Bench, Lucknow in O.A. No. 0000067.

(3.) Sri Varun Pandey, learned counsel for the appellant submits that following two issues arise for determination in the instant appeal:- Issue No. (i)-whether the deceased was bonafide passenger in the train in question at the time of accident? Issue No. (ii) -whether the deceased had accidentally fallen from the train and his case was covered under Sec. 123(c)(II) of the Railways Act, 1989 and amounts to untoward incident?