UNION OF INDIA, GENERAL MANAGER Vs. CHHAYABAI

JUDGEMENT

(1.) The present first appeal is preferred against the judgment and award dated 23/01/2009 passed by learned Member, Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.41/OAII/RCT/NGP/2006 whereby total compensation in a sum of Rs.4,00,000/ was awarded in favour of applicantsclaimants payable by appellants herein.

(2.) Brief facts of the case are stated as under While Bhimrao Timaji Sonwane was travelling as bona fide passenger by Vidarbha Express on 30/09/2005 from Nashik to Gondia, he had met with an untoward incident as he fell down from the running train between Nandura to Jalamb Railway Station, as the victim was travelling in a general over crowded compartment.

(3.) According to the claimantwidow of victim Bhimrao, Bhimrao was working as Laboratory Attendant in Dhote Bandhu Science College, Gondia. He passed his B. A. Final Examination through Yashwantrao Chavan Mukta Vidyapeeth, Nashik and he had been to Nashik to collect his degree certificate. He had purchased railway ticket from Nashik Road to Gondia on fateful day i.e. 30/09/2005 when he boarded Vidarbha Express. The victim had fallen down from running train near Pole No.524/79 of Railway Station Nandura. The claimants on the ground that said Bhimrao was bona fide passenger travelling in the train claimed compensation for untoward incident. In view of Section 123(c) (2) and 124A of the Indian Railways Act, the claimants had placed reliance upon the report of the incident known as 'Marg Khabri' (Exhibit1), spot panchnama (Exhibit2), Inquest panchnama (Exhibit3), postmortem report (Exhibit4), railway ticket (Exhibit5), death certificate (Exhibit6), birth certificate of children Kanchan and Kunal (Exhibit7), identity card (Exhibit8) and ration card (Exhibit9). The claimants contended that they were dependents upon deceased Bhimrao for their livelihood and suffered irreparable loss on account of his demise as a result of untoward incident.