GIRIJA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred Under Sec. 23 of the Railways Claims Tribunal Act, 1987 (hereinafter referred to as "the 1987 Act") by the appellants/claimants aggrieved by the judgment dtd. 11/1/2018 in O.A/IIu/2013/0360 passed by the Railway Claims Tribunal, Bhopal (hereinafter referred to as "the RCT") whereby, claim petition filed by the appellants/claimants filed under Sec. 16 of the 1987 Act read with Sec. 123(c)(2) and 124-A of the Railway Act, 1989 for compensation to the tune of Rs.8,00,000.00 (Rupees Eight Lakh) with interest against the respondent/Railways on account of death of deceased -Jagdish Sharma in an untoward incident alleged to have been occurred on 20/2/2013, has been rejected.

(2.) For the sake of convenience, the parties are referred to as they arrayed before the RCT.

(3.) The brief facts of this case as summarized in the impugned order are that on 20/2/2013, the deceased Jagdish Sharma was travelling by Rewanchal Express from Bhopal to Ganj Basoda holding a valid second class ticket which was lost in the incident. It is further stated that when the train is going on, due to heavy crowd in the general compartment, the deceased was standing near the door and he fell down near Vidisha railway station from the running train due to jolting of the train and sustained severe injuries and died on the spot. Mr. Raghuweer Singh sent the information to GRP Police, Vidisha and, in turn, GRP Police, Vidisha registered a death intimation vide Merg No.04/2013 and GRP police visited the scene of occurrence and prepared the panchayatnama and shifted the dead body to the Government Hospital, Vidisha for autopsy. Claimants/appellants have alleged that according to the police documents, the deceased-Jagdish Sharma was a bonafide passenger fallen from the train while travelling in the passenger train and died on account of injuries sustained by him in an untoward incident and as such the appellants are entitled to compensation as provided under Sec. 124-A of Railways Act.