SMT. SHOBHA DEEPAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the judgment passed by the Railway Claims Tribunal, Nagpur in Claim Application No.OA(IIu)/NGP/185/2017 dtd. 14/6/2019, dismissing the claim of the dependents of one Deepak Nattuji Thakre, the said dependents have preferred this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1989.

(2.) The claim of the appellants is that on 24/2/2014, the deceased viz. Deepak Nattuji Thakre was travelling from Chandur Railway Station to Junnardeo via Nagpur by boarding Train No.59395 i.e. Beitul-Chhindwara passenger train by purchasing a valid railway ticket. It is submitted that when the train reached railway station Hirdhagarh, the said Deepak Nattuji Thakre alighted for some work and while boarding in the said train, when the train started suddenly due to which the hand of the deceased slipped from the handle of the door and the deceased fell down from the running train at kilometer No.832/3-4 at the Hirdhagarh railway station and died in the Chhindwara hospital on 26/2/2014 during the course of treatment. It is the case of the claimants that the said incident is an untoward incident and the respondentrailways is liable to pay compensation alongwith interest under Sec. 124-A of the Railways Act, 1989 from the date of the accident as at the time of the incident the deceased was a bonafide passenger of the said train.

(3.) The railways has resisted that claim on the ground that there was no valid ticket found on the body of the deceased nor was any authority to travel found on him and also that the incident was not an untoward incident. It is submitted that from the evidence and deposition of the pointsman and the RPF Constable that the one person was trying to board a moving train and he slipped and fell down. On going near to the place of incident and inquiring from the other passengers, it emerged that the said person while trying to board the running train, his hand slipped from the handle of the door and therefore, he fell down. It is submitted that the deceased trying to catch a running train despite warning slipped from the handle of the door and fell down, which indicates that the said incident was due to his own negligence and during the course of treatment he died in the government hospital at Chhindwara. It is therefore, submitted that the death occurred due to the person's own actions and the said person is himself responsible for the same.