NIRUPAMA SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against the order dated 21-5-2001 of the Railway Claims Tribunal, Bhubaneswar Bench in O.A. No. 57 of 2000 filed under Section 23 of the Railway Claims Tribunal Act, 1987.

(2.) The appellant filed an application O.A. No. 57 of 2000 before the Railway Claims Tribunal, Bhubaneswar Bench for compensation against the respondent. The case pleaded in the said application was that on 7-2-2000 the appellants husband late Udayanath Sethi boarded train No. 213 Cuttack-Puri Shuttle from Vani Vihar Passenger halt and he fell down and died. The railway filed written statement contesting the case of the appellant. No issues were framed by the Tribunal on the pleadings of the appellant and the railways and by the impugned order dated 21-5-2001, the Railway Claims Tribunal, Bhubaneswar Bench held that while Section 124-A of the Railways Act, 1989 was applicable to the case, no compensation was payable under the said section by the railway administration if the passenger dies or suffers injuries due to his own criminal act and in this case, the deceased passenger was trying to entrain the train when the train was already in running condition and, therefore, the railways cannot be held responsible for the injuries sustained by him which resulted in his death. The Tribunal has further come to the finding that when the deceased-husband of the appellant boarded the train on 7-2-2000, he did not have in his possession the ticket and instead, the ticket was issued on 7-4-2000.

(3.) Mr. Tapan Kumar Mohanty, learned counsel for the appellant submitted that questions as to whether the deceased husband of the appellant was responsible for the accident or whether the accident took place otherwise are questions of fact and can only be decided after issues are framed by the Tribunal on the pleadings of the parties and evidence led on behalf of the parties. He further submitted that similarly, the question as to whether the deceased husband of the appellant had a ticket when he was travelling in the train on 7-2-2000 when the accident occurred or a ticket was subsequently obtained on 7-4-2000 again is a question of fact which has to be decided by the Tribunal after framing issues on the pleadings of the parties. Mr. Mohanty referred to the provisions of Rule 21 of the Railway Claims Tribunal (Procedure) Rules, 1989 which provides for framing and determination of issues by the Tribunal.