BALAJI P. KAPALE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed under Sec. 23 of the Railways Claims Tribunal Act, 1987 challenging the Judgment and Order dtd. 13/10/2014 passed in Claim Application No. OA(IIu)/MCC/2012/0087 by Railway Claims Tribunal, Mumbai Bench, Mumbai. By the said impugned order the claim is rejected and dismissed.

(2.) Few facts necessary for disposal of this Appeal are as under. The Appellants are parents of the deceased Nikhil Balaji Kapale, who fell down from local train carrying passenger between Talegaon and Chinchwad railway station on 3/11/2007. It is the case of the Appellants that deceased Nikhil was travelling with IInd class season ticket and fell down from running train at Ravet bridge between Dehu Road and Akurdi railway station, due to sudden push by other passengers. It is contended that his body remained undetected in the tall grass and bushes and was ultimately found on 10/11/2007.

(3.) The Respondent/railway contested the application by denying all allegations. It is contended that the deceased was travelling in careless, rash and negligent manner without taking adequate precaution, as a result of which he sustained injuries which proved fatal. The incident of fall during travel is denied. It is further denied that due to tall grass around the tracks, the body remained undetected till it was found.