UNION OF INDIA Vs. DEOMANI DEVI

JUDGEMENT

(1.) Although the appeal has been placed under the heading 'for orders' but on the joint prayer of the learned Counsel for the parties it had been taken up on merit by treating the same as 'for hearing'. We have gone through the judgment delivered by Railway Claims Tribunal dated 13th August, 2002 and perused the record. We find that the sole cause under the appeal is that under Section 124-A of the Railways Act, 1989 (hereinafter in short called as 'Act') no compensation can be awarded to the claimants in case the accident takes place in the manner which are exceptions under Section 124-A of the Act, as follows:

(2.) Learned Counsel appearing for the respondent cited a judgment in Union of India and others v. Sunil Kumar Ghosh'. However, such judgment is factually distinguishable herein for the reason that there the cause was that the passenger fell down from the train while the bogie, in which he was travelling, was being shunted. The Supreme Court held that it cannot be said to be an accident occurred from the train or part of the train to attract the liability. Here no such fact is available. The person concerned was traveling in the train while he was going to his residence after attending the case in Allahabad High Court. Moreover, the issue was decided under Section 124-A of the Act by saying as follows:

(3.) Therefore, we are of the view that when the deceased fell down from the train and when the present case is fully covered by the provisions of Section 124-A of the Act, the railway authority cannot avoid the liability. Thus, taking into totality of the case, we do not find any merit in the appeal. Hence, it is dismissed. Interim order if any, in connection with any application/s stands vacated. No order is passed as to costs.