JYOTSNA THANAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.10.2011 passed by learned Member (Judicial), Railway Claims Tribunal, Bhubaneswar Branch (for short 'the Tribunal') dismissing Case No.OA/97/2009 filed by the appellants who are wife and minor sons of deceased Prafulla Thanapati (hereinafter referred to as 'the deceased') along with the parents of the deceased claiming compensation for death of the deceased.

(2.) Case of the claimants in the original application is that on 4.7.2008 the deceased along with his fatherand brother (P.W.2) boarded general compartment of the Sarnath Express at Allahabad railway station to travel to Raipur after purchasing valid tickets. The compartment was overcrowded. At about 1.30 A.M. when the deceased was attempting to spit through the open emergency window, he was thrown out from the running train due to sudden, heavy and random jerk. Deceased fell on the ground, sustained fatal injuries and died at the spot near Umaria railway station in Madhya Pradesh. In connection with death of the deceased a police case was registered, enquiry was held and final report was submitted. On the basis of such pleadings, it is asserted that death of the deceased having occurred due to untoward incident in terms of Section 123(c) of the Railways Act (for short 'the Act'), applicants are entitled to compensation.

(3.) On the basis of the rival pleadings, Tribunal settled the following issues: