UNION OF INDIA THROUGH ITS GENERAL MANAGER (CLAIMS), SOUTH CENTRAL RAILWAY Vs. TATYARAO S/O DADARAO CHAVAN

JUDGEMENT

(1.) This is an appeal under section 23 of the Railway Claims Tribunal Act 1989, taking an exception to the judgment and award dated 31.8.2006 passed in Claim Application No.70/OAII/RCT/NGP/2004, awarding compensation of Rs.4,00,000/-.

(2.) Madhav s/o Tatyarao Chavan, son of the respondent while travelling in Train No.1332 Nanded-Pune Passenger, fell from the running train and died. As per postmortem examination his death was due to hemorrhagic shock due to cutting and crush injuries to chest because of running over of the train. The claim was resisted on the round that it was not a case of accidental falling of the deceased from the train, but it was due to deceased running over by train while crossing railway line. Mainly, this was contended on the ground that the body of the deceased was cut into two pieces which is not possible when one falls from the running train. The learned Tribunal held that the deceased died due to accidental fall from the running train and it was an untoward incident coming within the ambit of clause (c) of Section 123 of the Railways Act 1989.

(3.) Mr. Mankar, learned counsel appearing for the appellant contended that the deceased was not a bonafide passenger and further his death does not fall within the ambit of untoward incident , since it was not a case of an accidental falling of passenger from a train.