LAWS(BOM)-2024-4-135

KAMAL WD/O. TULSHIDAS Vs. UNION OF INDIA

Decided On April 15, 2024
Kamal Wd/O. Tulshidas Appellant
V/S
UNION OF INDIA Respondents

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. 30/9/2004 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-Railway filed written statement and opposed the claim. It was contended that the death was not in an untoward incident. According to the Respondent, the deceased tried to board a moving train at Brahmapuri Railway Station and in the process his hand slipped from the handle of the door of the compartment and he fell down. The incident occurred due to the negligence of the deceased.