PREMLABAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed by the original applicants, challenging the judgment and award passed in Claim Application No. OA(llu)/NGP/210/2016, passed by learned Railway Claims Tribunal, Nagpur Bench, on 15-02-2018, whereby the claim for compensation filed by them came to be dismissed. [Parties are referred as per their nomenclature before the Tribunal.]

(2.) Present appellants/ original applicants had claimed that they are the legal heirs of one Ramlu Gangaram Renalwar. Applicants had filed the petition for compensation on account of death of Ramlu in an untoward incident alleged to have occurred on 18-09- 2016. All the applicants and deceased Ramlu had boarded Adilabad-Parli passenger, Train No.57554 from Kinwat Railway Station. They all had bought tickets. He stood near the door of the compartment, when the train was running. When the train was between Kinwat and Bodhadi railway station, due to sudden jerk to the running train, he was thrown out and fell down from the running train. He died on the spot. Hence, the applicants are claiming compensation.

(3.) The respondent - railway contested the claim. It was contended that incident narrated in the application can not be considered as 'untoward incident' defined under Section 123(c) of the Railways Act, 1989. It was stated that no such incident causing death of Ramlu, within the meaning of Section 124(a) of the Railways Act had taken place and, therefore, the claim application itself is not maintainable. Other averments in the application have been denied. It was specifically contended that the applicants are not entitled to get any amount of compensation.