UNION OF INDIA Vs. KHAIRUNNISA BEGUM

JUDGEMENT

(1.) This appeal is preferred by the Union of India represented by the General Manager, South Central Railway, Secunderabad, against the award of the Railway Claims Tribunal in OAA No. 68 of 1997, dated 11-12-1997.

(2.) One person by name Mohd. Sabeer died in a train accident. His wife and seven children filed an application before the Railway Claims Tribunal for compensation, and the Tribunal, after considering the evidence adduced by both parties, awarded a sum of Rs. 2,00,000/- towards compensation to the respondents. The appellant being aggrieved by the order of the Tribunal preferred this appeal challenging its validity and legality.

(3.) The accident occurred on 5-6-1997 at Yakutpura Railway Station with a passenger train No. 550. At the time of accident, the deceased alleged to have boarded the moving train and due to that he slipped, which resulted in his death. The Tribunal in its award mentioned that the claimants are entitled for compensation on account of death of the deceased in the railway accident. The Tribunal referred to Section 123 of the Railways Act, which states that the accidental falling of any passenger from a train carrying passengers constitutes an untoward incident. The Tribunal further observed that the Act does not specify whether the fall has to be necessarily inside the train to outside. The Tribunal further observed that the case on hand does not fall under any of the five exceptions prescribed in Sec. 124-A of the Railways Act. The Tribunal further observed that there is absolutely no evidence to indicate that the deceased tried to inflict the injury on himself for reasons of his own. Accordingly, the Tribunal held that the accidental fall of the deceased amounts to an untoward incident. Therefore, the appellants are entitled for compensation.