UNION OF INDIA Vs. SHRIRAM ZOLBAJI BANDHE

JUDGEMENT

(1.) By preferring this appeal appellant - General Manager, Central Railway, CST, Mumbai has challenged the judgment and award passed by the Railway Claims Tribunal, in Claim Application No.56/OA-II/RCT/NGP/2006, dtd. 24/7/2009 Nagpur Bench Nagpur, whereby the claim of compensation was allowed by granting compensation at the sum of Rs.4,00,000.00. Present appellant is the original respondent preferred this appeal on the ground that the lady was running from bridge in order to catch the train in spite of instructions, she tried to board into the train and as a result came under the wheels. Thus, the deceased while attempting to catch the train felled down, sustained injuries and succumbed to the death. It is the contention of the appellant that it is not an untoward incident, but it is a self inflicted injury due to the negligence of the deceased and, therefore, railway is not liable to pay compensation to the respondents. However, learned trial Court has not considered the same and wrongly awarded the compensation.

(2.) Whereas, as per the contention of the respondents said accident took place when deceased was boarding in the train and succumbed to the death, she accidentally felled down and, therefore,

(3.) Taking into consideration the rival contentions parties have led oral as well as documentary evidence. After hearing both the sides learned Tribunal had come to the conclusion that the deceased Deeplaxmi was the bona fide passenger of the train at the relevant day. The Tribunal had also come to the conclusion that the alleged incident covered under the untoward incident and, therefore, Railway is liable to pay compensation. The Tribunal has considered that the passenger is trying to enter into the train and as a result felled down, sustained injuries which is an untoward incident under Sec. 123(c) (2) of the Railways Act, 1989.