UNION OF INDIA Vs. KITABULLAH

JUDGEMENT

(1.) THIS is an appeal arising out of the judgment and award dated 26th May, 1999 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow, thereby awarding a sum of Rs, 2,00,000/- by way of compensation to the heirs of deceased Farhad.

(2.) IT appears that a claim petition was filed with the allegations that on 12th December, 1996 deceased Farhad was travelling in second class from Basati to Bombay VT and when the train reached near Orai, due to an accidental fall, Farhad fell down and suffered injuries and when he was taken to hospital he died due to those injuries.

(3.) ON the pleadings of the parties, the learned Court below framed as many as four issues in the case and after recording evidence and on appraisal thereof came to the conclusion that it is a case of "untoward incident" and the railway administration is liable to pay compensation. Aggrieved by the said judgment and award, the present appeal has been filed.