RATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant - Smt. Ratta Subhash Meshram (hereinafter referred to as 'Ratta ' for short) has preferred this appeal u/s.23 of the Railways Claim Tribunal Act, 1987 challenging the Judgment dtd. 8/2/2021 passed by the Member, Railway Claim Tribunal, Nagpur Bench, Nagpur (hereinafter referred to as 'the Tribunal ' for short). The Tribunal by the impugned judgment has dismissed the claim application of Ratta for compensation.

(2.) The facts of the case pleaded in the claim application fled before the Tribunal are thus:-

(3.) Learned counsel for Ratta, assailing the impugned judgment, contends that Ravindra had a valid journey ticket and therefore, the Tribunal was in error in coming to the conclusion that Ravindra was not a bonafde passenger. She further submitted that the death of Ravindra was on account of fall from the train due to sudden jerk and hence Ravindra is entitled to compensation as Ravindra died in an incident which can be termed as an 'untoward incident' within the meaning of clause (c)(2) of Sec. 123 of the Railways Act. According to her, the Tribunal is not justifed in holding that Ratta was not able to discharge her burden that Ravindra died on account of untoward incident.