RAMESH KURARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 by the appellant aggrieved by judgment dated 22-3-2002.

(2.) Late Sanjay Kuraria in an effort to board 1390 Up Allahabad-Itarsi Passenger on 23-5-98 at Sihora Road Station fell down from the train and was run over by it, as a result of which he died on the spot. The case was set up by the appellant that late Sanjay Kuraria faced too much difficulty in boarding the train as both sides doors of each compartment were jammed and occupied by firewood loaded by the woodcutters illegally and unauthorizedly as per daily routine and practice. He slipped down while boarding the train at Sihora road.

(3.) The Railways in the written statement denied that late Shri Sanjay Kuraria fell down from the train, on the contrary as per the record, this is a run over case. Their stand is that case does not fall within the scope of Section 123 of the Railways Act, 1989 (hereinafter referred to as "the Railways Act") conseqently not covered under Section 124-A hence. the claim petition deserves to he dismissed. It was denied that late Sanjay Kuraria was a victim of "untoward incident"