DAYARAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (for short, "the Act of 1987"), the challenge is to the judgment and order dtd. 26/9/201, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant came to be dismissed.

(2.) BACKGROUND FACTS: The appellant-claimant is the husband of the deceased Dularibai. On 28/1/2010, Dularibai purchased a Second Class Ordinary Ticket bearing No.67053829 for herself and two other adult persons to go to Nagpur from Bhoma. She boarded the 7 CN Chindwara to Nagpur Passenger Train at Bhoma Railway Station on 28/1/2010. It is stated that the deceased fell down from the running train near Nagpur Railway Station on 29/1/2010 and died due to the injuries sustained by her. According to the appellant, the death was in an untoward incident. The deceased was a bona fide passenger. The appellant, therefore, claimed the compensation.

(3.) The respondent-Railway filed the written statement and opposed the claim. The Railway has not disputed the journey by the deceased from Bhoma to Nagpur with a valid journey ticket. The Railway contended that the death was not in an untoward incident and, therefore, the Railway was not liable to pay the compensation. It was contended that the incident occurred due to the negligence of the deceased and, therefore, the appellant would not be entitled to get the compensation.