RANJANABAI TUKARAM JATALE Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed by the original applicant, challenging the judgment and award passed in Claim Application No. OA(IIu)/NGP/2015/0087, passed by learned Railway Claims Tribunal, Nagpur Bench, on 15-02-2018, whereby the claim for compensation filed by the present appellant came to be dismissed. [Parties are referred as per their nomenclature before the Tribunal.]

(2.) Present appellant had she is the mother of deceased Suresh Tukaram Jatale. Her son was travelling by some unknown train from Mumabi CST to Purna on 10-05-2014. However on 11-05-2014, when the train was near point No. 34 of platform No. 4 of Purna Railway Station, due to sudden jerk to the running train, he was thrown out and died on the spot. Hence, she had filed the said application for compensation in respect of the said 'untoward accident'.

(3.) The respondent - railway contested the claim. It was contended that no such incident as narrated in the petition had taken place causing death of Suresh Jatale. It can not be said as arising out of 'untoward incident' defined under Section 123(c) of the Railways Act, 1989 read with Section 124(a) of the Railways Act, therefore, the claim application itself is not maintainable. Other averments in the application have been denied. It was specifically contended that the applicant is not entitled to get any amount of compensation.