SADASHIV RAMAPPA KOTIYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order of dismissal of Claim Application No. OA/(IIu)/MCC/1151 of 2011 passed on 31st January, 2018 by the Railway Claims Tribunal, Mumbai Bench, Mumbai.

(2.) Facts in brief are as follows; On 2nd May, 2011, one Jagdish Sadashiv Kotiyan (for short 'deceased') a labourer aged about 27 years was travelling by a local train from Mankhurd to Sewri on the strength of a second class ticket bearing No. C-65423677. When the train reached near Govandi station, he accidentally fell down from the running train and was cut into two pieces from the waist and died on the spot leaving behind his father Sadashiv Kotiyan, the appellant herein.

(3.) A claim application was filed before the Railway Claims Tribunal, Mumbai, seeking compensation. The Tribunal, after going through the evidence of the appellant on affidavit and having considered the record of the respondent arrived at a conclusion that the presence of the deceased in the railway premises was unauthorized and consequently, he was knocked down by an unknown train while crossing railway track, meaning thereby, the Tribunal held that it was the negligence of the deceased which resulted into his death. As the said act 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 'Railway's Act").