LAWS(MPH)-2016-1-14

MANISHA BAI Vs. UNION OF INDIA

Decided On January 04, 2016
Manisha Bai Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Since respondents are represented, with the consent of learned counsel for the parties the matter is heard finally.

(2.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment dated 30.4.2015 passed by the Railways Claims Tribunal, Bhopal Bench (hereafter shall be referred to as "Tribunal"). In Claim Case No. OA/IIu/2012/0246.

(3.) Appellants herein who were claimants before the Tribunal, filed the Claim Petition seeking compensation in lieu of death of one Jagdish, who as per the contentions while travelling on 19.8.2008 in Train No. 491 Ratlam -Bhopal Passenter from Maksi to Akodia, accidentally fell down from the train near Kanjar Dera at village Makhavad. Having sustained grievous injuries rushed to City Hospital by Goods Train. Whereafter he was referred to Hamidiya Hospital, Bhopal where he succumbed to the injuries on 22.8.2008. It was the contention that said Jagdish was travelling with a valid ticket and was a bona fide passenger and since death has occurred because of falling from running train, they are entitled for compensation to the tune of Rs.4,00,000/ -.