ARUNA @ ARUN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1989 against the judgment of Railway Claims Tribunal, Nagpur (for short the "Tribunal") in Case no. OA(IIu)/NGP/2015/0307.

(2.) The facts of the present appeal can be summarized as under: On 22.08.2012, at about 02.00 a.m., deceased were going to Bangalore alongwith Narsi Ahirwal, Mukesh @ Banti Khatik and Rajesh @ Pappu Barar, who reside in the same colony and do same work in the same company. Deceased alongwith his friend purchased Railway Ticket at Jhansi Railway Station. They were travelling by Train No. 12628 - Karnataka Express. Deceased fell down from running train due to heavy rush in the train at about 07.00 a.m. between Waghli to Kajgaon Railway Station on 24.08.2012.

(3.) Legal heirs of the deceased filed claim application before the Tribunal. It was contested by the Railway by filing written statement. In the written statement, defence was raised by the Railway that no untoward incident as defined under Section 123(c) of the Railways Act, 1989 (for short the "Act") took place. The Tribunal held that legal heirs i.e. appellants are not entitled for compensation and hence, dismissed the claim application. Therefore, this appeal before this Court.