GAYATRI BEHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal arises from the judgment dtd. 6/11/2019 passed by the Railway Claims Tribunal, Bhubaneswar Bench, whereby the claim application filed by the appellants seeking statutory compensation for the death of Pravakar Behera was dismissed. The scope of interference in an appeal under Sec. 23 of the Railway Claims Tribunal Act is undoubtedly circumscribed and ordinarily confined to substantial questions of law. However, it is equally well settled that where findings of fact are vitiated by misapplication of legal principles, disregard of material evidence, or reliance on legally untenable considerations, such findings assume the character of perversity warranting appellate correction. I. FACTUAL MATRIX OF THE CASE:

(2.) On 8/3/2016, while the deceased, Pravakar Behera, was travelling from Balasore to Soro by Train No. 5829 (Balasore-Bhadrak passenger train), accidentally fell from the train at Soro Railway Station and sustained grievous injuries and was shifted to Soro C.H.C where he died during treatment. Consequently, UD Case No. 18/2016 was registered, and a post-mortem was conducted on 9/3/2016.

(3.) Subsequently, the Applicants instituted a claim application before the learned Railway Claims Tribunal, Bhubaneswar Bench, registered as O.A. No. 91 of 2016, seeking statutory compensation of 8,00,000/- (Rupees Eight Lakhs) on account of the death of Pravakar Behera. It was stated therein that the said accident was a caused due to push and pull of co-passengers and was an "untoward incident" within the meaning of Sec. 123(c)(2) read with Sec. 124-A of the Railways Act, 1989.