KALAWATI W/O. VIJAYSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants, who are the original claimants have challenged the judgment and award dtd. 21/11/2016 in Original Application No. (IIu)/NGP/2011/0427 passed by the learned Member of Railway Claims Tribunal, Nagpur (hereinafter referred to as "the learned Tribunal ") refusing to grant of compensation to them. The Original Claim Petition was filed by mother and married daughter of the deceased Vijaysingh Jeevansingh Thakur. However, during the pendency of this appeal, married daughter of late Vijaysingh i.e. present appellant No.2 died and therefore, her legal representatives were brought on record.

(2.) As per the appellants/claimants, deceased Vijaysingh Jeevansingh Thakur on 10/10/2011 was traveling from Adilabad to Kinwat by Adilabad-Tirupati-Krishna Express bearing train No. 17406 with a valid journey ticket bearing No. 61011791. Due to heavy rush in the train, he was standing near the door. When the said train reached near km. No. 116/6 and 116/7 on platform No.1 of Kinwat Railway Station, the deceased fell down from the running train due to sudden jerk and came under the wheels and was seriously injured. Though he was shifted to the hospital, but he succumbed to the injuries. An accident report was lodged, wherein the cause of death was shown due to falling from the train. The appellants/claimants, then filed the Original Application for compensation to the tune of Rs.4,00,000.00.

(3.) The respondent-Union of India, through General Manager, South Central Railway, resisted the claim application under its written statement, wherein it was primarily contended that no such incident of causing death of Vijaysingh, within the meaning of the provision of Sec. 123 (c) read with Sec. 124(a) of the Railways Act, 1989, had taken place. According to respondent/Railway, the appellants/applicants are not entitled for any compensation, since the deceased had died due to his own negligence and fault. Thus, the respondent/Railway had prayed for dismissal of the claim application.