MALANBAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the dismissal of their claim application filed before the Railway Claims Tribunal, the widow and children of one Shankar Gangaram Dhotre have preferred this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dtd. 28/10/2015, passed by the Railway Claims Tribunal, Nagpur. By this appeal, the appellants are seeking to set aside the said judgment and order and are seeking a compensation from the respondent Railways on account of the death of the said Shankar Gangaram Dhotre claiming that he died in an untoward incident on 4/4/2011.

(2.) The brief facts are that the deceased had undertaken a journey from Pandharpur to Mudkhed and boarded a train from Pandharpur along with his family. When the train reached Kurduwadi railway station, the deceased alighted to bring some water for his children. Soon thereafter, the train started moving and he tried to board the moving train and during this effort, he slipped and fell down under the train and both his legs were cut. In an injured state he was taken to the various hospitals and finally at one in Nanded where he died.

(3.) It is the case of the appellants that the deceased along with Malanbai - his wife, Sitabai - daughter, Anil and Sachin - sons as well as cousin brother in law of the deceased, Shri Uttam More, undertook this journey from Pandharpur to Mudkhed having a bonafide ticket which was purchased by the brother-inlaw. As such, the deceased was a bonafide passenger. That at Kurduwadi railway station, he fell down while trying to re-board the train and his legs came under the train and got cut. That, this fact is substantiated by the Memo dtd. 4/4/2011 issued by the Deputy Station Manager, Kurduwadi at 8.30 hours, wherein it is mentioned that the guard of train no.51434 UP Pandharpur Nizamabad passenger informed through walkie talkie that one unknown person was run over by the train and his legs got cut off. That, therefore, this is an untoward incident and that appellants being dependants are eligible for compensation under Sec. 124-A of the Railways Act, 1989 (the "Railways Act").