PUSHPA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) Admit. Heard finally in terms of the order passed on 22nd Feb., 2017.

(3.) This appeal challenges the legality and correctness of the judgment and order dated 8.12.2015, passed by the Railway Claims Tribunal, Nagpur, in case No. OA(IIu)/NGP/2012/0298. By this judgment and order, a claim made by the respondent with South Central Railway Secunderabad for receiving compensation of Rs.8,00,000/along with interest at the rate of 12%, on account of death of the husband and father of appellant Nos.1 and 2 respectively in a railway accident resulting from an untoward incident was rejected. The accident had occurred at about 12.30 hours of 21.1.2012 at Railway Station Latur Road when the deceased Gautam had fallen off a running train bearing train No. 57548. It was the case of the appellants that deceased Gautam was a bona fide passenger holding a valid ticket to travel on the train and that he had fallen down from a running train, while it was the case of the respondent that the deceased was a hawker and that he had tried to board a running train when it had already gathered momentum and thus it was not a case of untoward incident but a case of criminal negligence as well as self inflicted injury.