DHONDULAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 is to the judgment and order dtd. 23/1/2019, passed by the Railway Claims Tribunal, Nagpur Bench at Nagpur dismissing the claim application of the appellants-claimants.

(2.) The appellant Nos.1 and 2 are the father and mother of the deceased whereas appellant No.3 is the daughter of deceased Roshanlal Dhondulal Tembhare (hereinafter referred to as the claimants). The claimants filed claim application before the Railway Claims Tribunal claiming compensation of Rs.8,00,000.00 on account of death of Roshanlal s/o. Dhondulal Tembhare, who died in an untoward incident i.e. falling down from the running train No.12810 Howrah - Mumbai Mail. The incident occurred on 22/11/2017 near platform No.3 of Amgaon Railway Station. The respondent No.2 is the wife of the deceased. During the pendency of the claim application, respondent No.2 re-married. It is the contention of the learned counsel for the claimants that respondent No.2 has not come forward to challenge the order. The notice of this appeal was duly served on respondent No.2. There is no appearance on behalf of respondent No.2 though she is duly served.

(3.) The claimants contended that the deceased was residing at Raipur with his family. On 22/11/2017 the deceased purchased a railway ticket Ex. Raipur to Gondia for visiting his native place at Koregaon and boarded Howrah - Mumbai Mail No.12810. The said train was crowded, hence he was standing near the door of the compartment. When the said train reached Amgaon Railway Station, due to push of passengers and sudden jerk of the train, Roshanlal fell down on Platform No.3 of the Amgaon Railway Station and sustained severe injuries to the head and body. He died in the hospital during the course of treatment.