UNION OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) This first appeal from order has been filed challenging the judgment and award dated 12.3.2018 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow in Case No.OA/II/U/870/09, Om Prakash and another vs. Union of India and others.

(2.) The claimants-respondents filed a claim petition under Section 16 of The Railway Claims Tribunal Act, 1987 for compensation for the death of their son Umesh Kumar as a result of an untoward incident. It was alleged that on 21.9.2009, Umesh Kumar while travelling from Faizabad Railway Station to Rudauli Railway Station by train no.3 FBL Passenger (Faizabad Lucknow Passenger) accidentally fell down from the train at Deorakot Railway Station and sustained serious injuries. He was admitted in District Hospital, Faizabad, where he died during his treatment. The deceased, it was alleged, was travelling as a bona fide passenger holding valid journey ticket, which was lost during the incident.

(3.) A written statement was filed on behalf of the appellant denying the averments made in the claim application. Inter alia it was stated therein that the alleged incident was not an untoward incident and as such it did not fall within the ambit of Section 123(c)(2) of the Railways Act, 1989 (for short 'Act'). It was further alleged that the deceased was not a passenger of the train in question.