JUGGANBABU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for both the parties at the stage of admission.

(2.) The present appeal is filed by the appellants being aggrieved by the judgment and award dtd. 17/03/2022 passed by the learned Member, Railway Claim Tribunal, Nagpur in Claim Petition No.OA(II u)/NGP/235/2019.

(3.) The facts giving rise to file this appeal are as under: On 30/03/2017, the deceased Shameem w/o Jugganbabu was traveling from H. Nizamuddin to Nagpur by Train No.22694 Rajdhani Express with her husband as a bonafide passenger with reserved ticket bearing No.78855433, PNR No.2228476884. That, while traveling, the deceased was standing near wash basin for washing her hand. Due to sudden jerk, the deceased lost her balance and fell down from the running train in the area of Tinkheda Railway Station. The deceased was brought to Nagpur by Train No.12724 NDLS-HYB Express and at Meyo Hospital Nagpur, after examination by doctor, she was declared dead on the same day. On 30/03/2017, after above mentioned untoward incident, Railway Police Station Nagpur, Dist. Lohmarg, Nagpur has registered the accidental death report No.22/17 under Sec. 174 of Criminal Procedure Code in respect of accidental death of Shameen w/o Jugganbabu. On account of the death of Shameem w/o Jugganbabu in above mentioned untoward incident, dependents of the deceased i.e. the appellants preferred to file Claim Petition No.OA (II u)/NGP/235/2019 before learned Railway Claims Tribunal, Nagpur, for claiming compensation of Rs.8,00,000.00 along with 9% interest from the date of accident.