BALU MOTIRAM DONGRE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an Appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 assailing the judgment dtd. 30/11/2017 whereby the Railway Claims Tribunal has dismissed the Application filed by the Appellants for compensation under Sec. 124 of the Railways Act, 1989.

(2.) The Appellants who are the children of the deceased - Motiram Dongre (hereinafter referred to as 'the claimants') had filed an Application for compensation under Sec. 124A of the Railways Act, 1989. It was the case of the Claimants that on 22/01/2012, their father Motiram Dongre had boarded Hussain Sagar Express (Train no.12701) at CST station to proceed to Solapur. The Claimants had alleged that the deceased had travelled in second class compartment under a valid ticket. It was alleged that the deceased fell down from the train at Kurduwadi station. He sustained injuries and was taken to the hospital and upon examination, the Doctor declared him dead. The claimants sought statutory compensation under Sec. 124 of the Railways Act contending that the deceased was a bonafide passenger and that his death was caused in an untoward incident.

(3.) Respondent denied that the deceased was bonafide passenger and that his death was caused in an untoward incident. The Respondent claimed that the deceased had come under Train No.12701 Down Express while he was crossing the track at Kurduwadi.