UNION OF INDIA Vs. URMIL GUPTA

JUDGEMENT

(1.) Respondents had filed a claim petition before the Railway Claims Tribunal, Chandigarh Bench being Case No. OA-II/67/1997 for the death of Rajinder Kumar, husband of respondent No. 1 and father of respondent Nos. 2 and 3. The claim was allowed by the Tribunal and Rs. 2,00,000 was awarded as compensation. Being aggrieved by the said order, this appeal is filed by the appellants.

(2.) The case of the respondents is that Rajinder Kumar met with an accident while travelling in Inter City Train which was on its way to Rohtak-Jind from DelhiBahadurgarh on 22.9.1996 at 3.13 p.m. It was stated that the deceased was hit by pole (signal) which was quite adjacent to the railway line and due to its situation many accidents occurred at that place. The deceased received fatal injuries because of the accident and hence a petition was filed for compensation of Rs. 3,00,000.

(3.) Upon notice being served, the appellants had filed written statement in which they have denied that the deceased died in a train accident. It is further contended that the alleged incident was not a train accident within the meaning of section 124/124-A of the Railways Act. It is also contended that the signal was affixed as per schedule of dimensions. It is also denied that many accidents had taken place due to the said signal as alleged. It is contended that the alleged accident was self invited one and the deceased died due to his own criminal act. It is also denied that the signal was close to the railway line and hence the respondents are not entitled to the compensation. The other contentions were also taken, such as, the deceased was not bona fide passenger, etc.