SHUSHILA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri M. K. Srivastava, learned counsel for the petitioner, Shri J. P. Maurya, learned counsel for the respondents and perused the record.

(2.) Undisputed facts of the present case are that on 19.05.2009, petitioners filed a claim petition under Section 124-A of Railways Act, 1989 on the ground that Shri Rakesh Kumar, resident of Village-Ramapur Post-Kohadur, Police Station-Kohdaur, District-Pratapgarh (U.P.) on 24.06.2007, travelling from Sultanpur to Allahabad by train No.1067 -U.P. Saket Express, accidentally fell down from the said train at Kohndaur Railway Station due to jerk, jolt and pressure of passengers as a result thereof, he sustained grievous injuries and died on the spot due to ante-mortem injuries sustained by him, registered as O.A. No.II/u/355/09.

(3.) On 13.07.2009, respondent filed a written statement denying the allegation as made by claimants-petitioners in claim petition and also taken a plea/ground that the case of the applicants is not covered by the definition of "untoward incident" as provided under Railway Claims Tribunal, so the same is liable to be dismissed.