MUNNIBAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant herein has challenged the judgment and award, dated 17/01/2017, whereby the Railway Claims Tribunal (hereinafter referred to as "the Tribunal" for short) has dismissed the Claim Application No. OA(Ilu)/NGP/2013/0340.

(2.) The appellant is the mother of Vikki Munnalal Chaube, who died in a train accident on 12/12/2012. It was the case of the appellant that on the relevant date, her son Vikki was travelling from Nagpur to Tumsar Road by Train No.12101 LTT - Howrah-Janeshwari Express. It is alleged that said Vikki fell down from a running train at Mundikota Railway Station. He was taken to KTS Hospital, where he was declared dead. The appellant filed an application under Section 23 of the Railway Claims Tribunal Act, for compensation on account of death of her son in "untoward incident".

(3.) The claim was contested by the respondent on the ground that no such "untoward incident" had occurred resulting in the death of the son of the appellant within the meaning of Section 123(c) read with Section 124A of the Railways Act. The respondent further claimed that the deceased was not a bona fide passenger.