MOHD. OSMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act of 1987' for short), challenge is to the judgment and order dtd. 25/7/2018 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellant-claimant under Sec. 16 of the Act of 1987 for compensation was dismissed.

(2.) BACKGROUND FACTS :-

(3.) The respondent -Railways filed the written statement and opposed the claim. It was contended that the injured was not a bona fide passenger. According to the Railways, the injured attempted to commit suicide on the railway track. At the spot of the incident, the deceased came on the railway track and lied down in front of a Goods train. The Loco Pilot of the goods train could not stop the train inasmuch as it was running at a speed of 70 KMPH. The Loco Pilot had reported the incident to the Station Master.