NILAMDEVI 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"), challenge is to the judgment and order dtd. 25/10/2023, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants/claimants came to be dismissed.

(2.) BACKGROUND FACTS:

(3.) The respondent-Railway filed the written statement and opposed the claim. It was contended that the deceased was not a bona fide passenger travelling with a valid journey ticket. According to the railway, the Antyodaya Express was stopped at Shirsoli Railway Station to give precedence to Duronto Express coming from the opposite direction. The deceased got down from the train and was moving on the railway track. The Loco Pilot of the Duronto Express blew horn to alert the deceased; however, he did not pay any heed. He was dashed by the Duronto Express and died due to the injuries sustained by him. It is stated that the injuries sustained by the deceased were self-inflicted injuries due to his negligent act.