SUSHILA SAHEBRAO SALVE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal challenging the judgment and order dtd. 29/1/2020, passed by the Railway Claims Tribunal, Nagpur, in Case No.OA(IIu)/NGP/60/2018, whereby claim application filed by the wife of one Sahebrao, who purportedly died in an untoward incident while traveling from Chalisgaon to Nashik on 26/8/2016 came to be dismissed.

(2.) The brief facts are that Sahebrao Devchand Salve purportedly was traveling from Chalisgaon to Nashik Road by 51182 Bhusawal Devlali Passenger Train and fell down from the running train at K.M. No.325/28-00 on up railway line between Chalisgaon to Hirapur and died sustaining serious injuries. It is claimed that the deceased was having a 2nd Class railway journey ticket from Chalisgaon to Nashik Road, but the same was lost in an untoward incident, and therefore, not recovered in the Panchanama. It is the case of the Appellants/Claimants that due to over crowding in the compartment, the deceased fell down from the running train and sustained serious injuries and died on the spot. It is submitted that under Sec. 124-A of the Railways Act, 1989 (for short, the "Railways Act"), the Railway Administration is solely responsible for the accidental death of the Sahebrao. It is also alleged that the Railway Administration should also be held responsible for selling tickets in excess without considering the fact whether there is space for passengers in the train or not.

(3.) After the death of Sahebrao, the Appellant - wife along with other members of the family filed a claim application under Sec. 16 of the Railway Claims Tribunal Act, 1987, before the Railway Claims Tribunal at Nagpur (for short, "Tribunal"), claiming a compensation of Rs.8,00,000.00.