GHANASHYAM PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 23 of the Railway Claims Tribunal Act,1987 ( for short, "the Act') is directed against the order passed by the Railway Claims Tribunal, Bhubaneswar Bench (for short "the Tribunal') dismissing the Case No.OA/67/2003.

(2.) Appellants who were applicants before the Tribunal are deceased's parents, wife and minor daughter. Applicants before the Tribunal filed application for compensation on account of death of Padma Charan Patra in a railway accident. Applicants' case before the Tribunal was that on 20.9.2002 at about 10.30 A.M. deceased boarded local train No.DA-2 Ambernath to Dadar in platform no.6 of Thane Railway Station to return to his mess situated at Kurla road, Mumbai. The compartment was overcrowded. Due to push and pull of the copassengers deceased fell down from the train in platform no.6 of Thane Railway Station itself and sustained injuries. He was shifted for treatment to Civil Hospital, Thane where he expired on 21.9.2002. A criminal case was registered in connection with the accident. Thus applicants claimed that death of the deceased having occurred as a result of an untoward incident as defined under Section 123 (c) of the Act, respondents-Railway is liable to pay compensation.

(3.) Respondents-Railway filed written reply resisting the claim. It was pleaded that neither the deceased was bona fide passenger in any train nor death of the deceased occurred as a result of untoward incident as defined under the Act. It was pleaded that the deceased did not fall down from any train. On the contrary, death of the deceased occurred due to knocking down by DA-2 local train at Thane Railway Station platform no.6.