SHREEKANT AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by the award dated 19.05.2011 passed by Railway Claims Tribunal, Bhopal in Case No.OA/IIu/293/07 whereby claim petition filed by the appellants for compensation on account death of their son Sanjay Agrawal was dismissed, present appeal has been filed.

(2.) Short facts of the case are that the appellants filed a claim petition before the learned Railway Claims Tribunal, Bhopal Bench alleging that Sanjay Agrawal was their son who fell down from train No.1465 Rajkot Express on 03.10.2006 at Vidisha while he was traveling from Ujjain to Vidisha and sustained serious injuries and died. It was prayed that claim petition be allowed and amount be awarded. The claim petition was contested by the respondent on various grounds including on the ground that since the incident was not an untoward incident as defined under Section 123(c)(2) read with section 124-A of the Railways Act, therefore, the respondent is not liable for payment of compensation. It was alleged that according to the report of Divisional Railway Manager alleged incident occurred when the deceased was trying to get down from the running train, therefore, the alleged incident is covered under Exception (a) and (b) of Section 124-A of the Railways Act i.e. self inflicted injury on his own criminal act. It was prayed that the claim petition be dismissed.

(3.) After framing of issues and recording of evidence the learned Tribunal dismissed the claim petition against which present appeal has been filed.