(1.) DEVI Prasad Singh, J. Present appeal has been preferred against the impugned award of Railway Claims Tribunal (in short Tribunal') rejecting the claim of the appellant. Brief matrix of the case is summarized as under:
(2.) ONE Mohd. Naim, son of appellant Smt. Akhtari, while travelling by 50 Dn. Passenger train from Hargaon Railway Station to Lakhimpur Railway Station on 26. 4. 1998 fell down from train due to the sudden jerk at Km. 113/6. According to the appellant, the deceased was having a Second Class ticket. After falling down from the train, he was dragged for more than 100 meters and suffered serious injuries at right leg and knee of the left leg as well as skull. The bruises and scratches were found on the stomach and back of the body of the deceased as per medical report. Clothes were torn and he was only with underwear and terricot shirt when his dead body was recovered. At the time of search by the police, no ticket was recovered from the possession of the deceased's body. According to the appellant, the deceased was the sole earning member of his family leaving behind old mother (appellant), a brother and five sisters. The appellant claimed compensation to the tune of Rs. 4 lacs before the Tribunal.
(3.) FROM the medical report, it is ample clear that Mohd. Naim fell down from the train and succumbed to the injuries. Learned Tribunal recorded a finding that there was heavy rush and crowd in the train and Mohd. Naim was compelled to stand near the door. However, learned Tribunal accepted the plea of the learned counsel for the respondent that the deceased fell down from the train because of his own reckless and negligent act. The Tribunal has relied upon the judgment of Andhra Pradesh High Court reported in 2001 (3) T. A. C. 319 (A. P.), Union of India v. Uggina Srinivasa Rao, where Andhra Pradesh High Court held that the accidental fall from any part of the compartment is covered by 'untoward incident'. Learned Tribunal had treated the accident as 'untoward incident' and held that the deceased was not bonafide passenger and since no ticket was recovered from his possession, he is not entitled for any compensation.
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