DEOKABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Sec. 23 of the Railways Accident Claims Tribunal Act,1987 has been filed by the claimant as she is aggrieved by the dismissal of the application seeking grant of compensation under the provisions of Sec. 16 of the said Act.

(2.) The facts in brief are that one Ravi Thaokar was travelling by Train No.371 Up after purchasing a Second Class Ticket bearing No.60597 dated 12-2-1998. While boarding the train at Tumsar Road Railway Station on account of sudden jerk given by the engine said Ravi Thaokar lost his balance and fell down as a result of which he received fatal injuries. On that basis the mother of the deceased filed an application for grant of statutory compensation.

(3.) The claimants led evidence before the Claims Tribunal. After considering the same, the Claims Tribunal held that as the claimant had failed to prove that the deceased had a fall on account of jerk as received, the case did not fall within the scope of it being "untoward incident". The claim for compensation was therefore dismissed. Being aggrieved, the claimant has filed the present appeal.