UNION OF INDIA Vs. GANGA SAGAR SAINATH MAROTI

JUDGEMENT

(1.) This appeal challenges legality and correctness of the judgment and order dated 22nd September 2006 passed by the Member (Judicial), Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 135/OA-II/RCT/NGP/2004 whereby compensation of Rs. 4,00,000/- has been granted to the claimant, widow of deceased Sainath Maruti Waghmare on account of untimely death of Sainath in an untoward incident as contemplated under Section 123 (c) read with Section 124-A of the Railways Act, 1989.

(2.) The untoward incident in the nature of accidental falling of deceased Sainath from running train, Passenger Train-557 occurred in the morning of 22.1.2004. Sainath was travelling from Karkheli to Shivangaon and the accident occurred while the train was still at Karkheli Railway Station. After falling off the train, the deceased came under the wheels of the train and his head got severred. His dead body was recovered from railway track at the platform of Karkheli Railway Station. Respondent being dependent upon the deceased, filed a petition claiming compensation for the death of her husband.

(3.) The claim was allowed by the Railway Claims Tribunal, as stated earlier.