POPAT SHRIRANG NIKAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 29/6/2018 passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai.

(2.) Facts germane for disposal of the appeal are as follows :-

(3.) The appellants are the unfortunate parents of the deceased Mahesh Popat Nikam, aged about 23 years (for short 'deceased), who died in a train accident while travelling from Pune to CSTM by 12126 Up Pragati Express on 21/1/2012 at the Kalyan Railway Station. The deceased was travelling on the strength of a valid Railway Ticket No. 748442400 Ex. Pune to Kalyan, dtd. 21/1/2012. The ticket was recovered from his possession at the time of taking his personal search by the police, which has been duly stated in the inquest panchanama. It is the case of the appellants that the incident occurred due to a sudden jerk of the train and push by the crowd in the compartment resulting into fall of the deceased between the railway platform and the train. The body of the deceased was cut into two pieces. It is, therefore, contended that fall of the deceased was accidental, which is an untoward incident as defined in Sec. 123(c)(2) of the Railways Act, 1989 (for short "Railways Act").