SADHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (for short "the Act"), challenge is to the judgment and order dtd. 22/12/2020 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim for compensation filed by the appellant/claimant was dismissed.

(2.) Background facts:-

(3.) Respondent-railway filed written statement and opposed the claim. In sum and substance, the respondent has denied the material facts. It is denied that deceased had purchased railway ticket and boarded the train as bona fide passenger. There was no eye witness to the incident. There is no witness to rule out the possibility of deceased sustaining self inflicted injury due to his negligent act. As per memo issued by the Station Superintendent, Chandur Railway Station the deceased was cut by Train No.18030 UP Shalimar Express. The case in question is not covered in the definition of untoward incident. The deceased himself was responsible for the incident. The railway was not responsible for death of the deceased.