UNION OF INDIA Vs. SHRIKUMAR GUPTA

JUDGEMENT

(1.) This miscellaneous appeal, under Sec. 23 of the Railway Claims Tribunal, has been filed against the judgment dtd. 1/1/2019 passed by Railway Claims Tribunal, Bhopal Bench, Bhopal in O.A.No.IIu/BPL/2014/0152.

(2.) The facts of the case in short, are that an application was filed by the respondents for grant of compensation on account of death of deceased Shravan Kumar Gupta alias Betal Gupta on 29/5/2013. It is the case of the claimants that the deceased, aged about 23 years was a Labourer and on 29/5/2013 after purchasing a second class general ticket no.A 94322853 boarded Godan Express. He was to travel from Satna to Maihar. The deceased by misunderstanding Godan Train as a passenger train, boarded the train and was standing at the door of the train. Since the bogie was over-crowded, therefore, he fell down at 1143/4-3 and sustained grievous injuries and died on the spot. Accordingly, it was claimed that the deceased has died in an untoward incident and he was a bonafide passenger.

(3.) A defence was taken by the appellant that the deceased was travelling in a superfast train after purchasing a ticket of passenger train. The deceased had boarded from Satna Railway Station and he had to go to Maihar; whereas Godan Express train has no stoppage at Maihar. It appears that the deceased must have jumped at Maihar Railway Station in order to de-board the train and in that process, he sustained grievous injuries resulting in his death and accordingly it was submitted that the appellant is not entitled to pay the compensation as the act of the deceased was in violation of proviso to Sec. 124-A of Railways Act.