NIRMALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has been filed by the original claimants challenging the judgment and award passed by the Railway Claims Tribunal in Claim Application No. OA(IIu)/NGP/ 2015/0282 dtd. 03/05/2018 at Nagpur.

(2.) The facts giving rise to the present appeal can be summarized as under:

(3.) The respondent/railway has contested the claim application by filing the written statement. As per the contention of the railway, no such incident causing death of the deceased within the meaning of the provision of Sec. 123(c) read with Sec. 124-A of the Railway Act has taken place and as such, the claim application is not maintainable. It is further contended that the deceased was not a bonafide passenger of any train and therefore the claimants are not entitled for any compensation.