SHIVRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) By this appeal, the appellants/original claimants have challenged the judgment and award passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in OA (IIu)/NGP/0012/2016 dtd. 29/11/2017, by which the claim of the claimants was rejected by the Tribunal.

(2.) The brief facts which are necessary for the disposal of the appeal are as under:

(3.) The respondent/railway has contested the application on the ground that the deceased was not a bonafide passenger. The death of the deceased is caused as he was dashed by another train while he was crossing the track. Thus the death of the deceased is caused due to his own negligence and is not covered under the untoward incident, in view of the provision of Sec. 123(c) (2) of the Railway Act.