MURLIDHAR POSHA GADMALE Vs. UNION OF INDIA

JUDGEMENT

(1.) This Appeal is filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 ('the Act of 1987' for short), challenging the judgement and order dtd. 05/03/2021 passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai in Claim Application No. OA(IIu)/MCC/0094/2014. By the said impugned order, the claim filed by the Appellants for compensation towards death of their deceased son 'Sagar Murlidhar Gadmale, is dismissed.

(2.) The Appellants are parents of the deceased. It is the case of the Appellants that on 27/8/2013, deceased was travelling by a local train from Dadar to Mansarovar railway station, on the strength of a valid second class railway ticket, when at about 23.10 hrs, the local train reached between Mankhurd and Vashi railway station, due to the rush in the local train and push of the other passengers in the compartment, the deceased accidentally fell from running train and died, before he could be admitted to hospital. Deceased was unmarried and was 20 years old.

(3.) The Respondent-Railway filed written statement took a stand that on thorough investigation, it is found that the injuries sustained by deceased and his eventual death are self-inflicted. It is contended that there is no untoward incident or accident as contemplated under Sec. 123 and 123A of the Railway Act of 1989 (for short 'the Act of 1989'). The case of holding valid second class railway ticket is denied. The claim of compensation is denied. The liability was denied.