VASANTI PARSOTTAM PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the original applicants challenging the order dtd. 29/9/2014 passed by the Railway Claims Tribunal, Mumbai whereby the claim of the original applicants came to be rejected on the ground that the reason for the deceased dying was on account of self inflicted injury and not on account of an untoward incident.

(2.) On 4/4/2011, the deceased was travelling from Navsari to Borivali in an Express train. Between Virar and Nalasopara Railway station, the deceased fell down. The passenger travelling in the same compartment informed the guard and the train was stopped. The guard informed the station master about the incident and the body was pulled out from the wheels of the compartment. The guard in his report to the station master stated that the passenger travelling in the compartment informed him that the deceased was trying to alight from the train between Virar and Nalasopara Railway station. It was on the basis of this fact that the Tribunal came to the conclusion that the deceased died not on account of an untoward incident but on account of self inflicted injury.

(3.) Insofar as the issue of bonafide passenger is concerned, ticket was found from the body of the deceased and therefore it is undisputed that the deceased was a bonafide passenger travelling in the train from which he fell down.