UNION OF INDIA Vs. RAM RANI AND ORS.

JUDGEMENT

(1.) Heard Sri Chandra Shekhar Sinha, learned counsel for the appellant, Sri R.K.S. Chauhan, learned counsel for the respondents and perused the record.

(2.) Facts, in brief , of the present case are that Shitla Prasad Trivedi, aged about 60 years husband of Smt Ram Rani alias Mangai Dei , on 5.9.1999 boarded at Alam Nagar statin in train no. 3009 Doon Express from Lucknow to Haridwar after purchasing of second class journey ticket to go to Haridwar. He accidentally fell down from train at Alam Nagar railway station on 5.9.1999 , sustained serious injuries and was admitted to Medical College , Lucknow but on 06.09.1999 died.

(3.) In view of the said facts a claim petition has been filed by her wife Smt. Ram Rani alias Mangai Dei before the Railway Claim Tribunal, Lucknow Bench, Lucknow , registered as Case no. OA 0300191 ( Smt. Ram Rani alias Mangal Dei Vs. Union of India ) .Railway/ appellant also filed written statement denying the allegation as mentioned in the claim petition . Further, a defence was taken that Sri Shitla Prasad Trivedi was not a bona fide passenger hence the railway is fully protected under Exemption clause of Section 124-A of the Railway Act ( herein after referred to as 'Act') as the accident is self inflicted attempt caused by his own criminal act.