JAYASHREE SURESH GHARAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai on 28th February, 2018 in Claim Application No. OA(II u) /MCC/1133 of 2011 by which the Tribunal has dismissed the Claim Application filed by the appellants who are the dependants of one Suresh Gharat (for short 'deceased').

(2.) Briefly stated the facts are as follows;

(3.) A claim application was filed before the Railway Claims Tribunal seeking compensation. The Tribunal, after going through the evidence of A.W.1-Jayashree on affidavit and having considered the record of the respondent, arrived at a conclusion that the deceased was not a bona fide passenger as he did not possess a valid railway ticket. Rather, he was a trespasser who was, in fact, knocked down by an unknown local train while crossing the railway track. In short, it is held that the deceased died due to his own negligence. As it was an offence, it does not cover within the term 'untoward incident' as defined in section 123 (c) (2) of the Railways Act, 1989 (for short 'Railways Act'). The Tribunal has, therefore, dismissed the application.