SHYAMLAL SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant/claimant has preferred this appeal under Section 23 of the Railway Claims Tribunal Act (In short 'the Act') being aggrieved by the order-dated 21-1-1998 passed by the Railway Claims Tribunal, Bhopal in o. A. No. 789/96 dismissing his claim regarding death of his son in untoward incident.

(2.) THE facts giving rise to this appeal in short are that the appellant filed his claim under Section 16 of the Act contending that on 23-4-1996 his son santosh Kumar Sahu, aged about 22 years was travelling in the Kurla Exp. (Holiday) from Bhopal to Bina with valid travelling ticket No. 30699, he fell down from the aforesaid running train and sustained the injuries. He was taken to hospital where during treatment he succumbed to such injuries. In such premises he preferred the claim for the sum of Rs. 2,00,000/ -.

(3.) IN reply of the respondent, it is stated that the alleged incident is not untoward incident as defined under Section 123 (c) of the Railway Act 1994. It is also pleaded that the deceased being Tea Vendor while selling the tea in such train was fell down and came inside the track, resultantly he sustained the injuries and died. The deceased being without ticket was not the bona fide passenger. Thus, it is not liable to pay any compensation. In such premises, the prayer for dismissal of the claim is made.