MOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellants are aggrieved against the judgment dated 25.1.2010 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby claim petition filed by them seeking compensation on account of the death of Smt. Attar Devi in a railway untoward incident on 9.6.2008 has been dismissed by holding that the deceased jumped out of the running train, therefore, the injuries sustained by her in that process were proved to be self-inflicted one, which prohibits payment of any compensation to the claimants as per the proviso (b) and (c) to Section 124A of the Railway Claims Tribunal Act (hereinafter referred to as 'the Act').

(2.) Smt. Attar Devi along with her sister Smt. Satya Devi and some other relatives were going from Hisar to Haridwar on 8.6.2008 by train. They purchased railway tickets at Hisar railway station for Dhuri and boarded the train. After reaching at Dhuri railway station, they were waiting for the train for Haridwar. One train was stationed at the platform and one passenger told them that the said train was going to Haridwar, therefore, they boarded the said train. When the train proceeded towards Ludhiana, they verified in the train from a passenger as to whether the train was going to Haridwar. From the passenger they came to know that the said train was going to Ludhiana and not to Haridwar. They immediately tried to step-down from the train and in this process, Attar Devi slipped, came in the encirclement of the train and died at the spot. It is submitted that the train stopped immediately. The relatives of the deceased and the GRP with the help of other persons took out the deceased from the railway track and rushed her to Civil Hospital, Dhuri. The GRP personnel gave information to the Station Master, Dhuri railway station, who issued a memo to the GRP, Dhuri on 9.6.2008. On receipt of memo, the GRP reached at the spot and prepared the whole report and post-mortem on the dead body was got conducted. The doctor as well as the SHO had opined that all the injuries were ante-mortem in nature and the death was caused due to injuries and due to railway accident. It has been further alleged in the claim petition that the deceased was having ticket No. 43424413 for two persons and one reservation ticket PNR No. 2449749717 for six persons from Hisar to Haridwar via Dhuri.

(3.) I have heard Mr. Somesh Gupta, Advocate, appearing for the Appellants and Mr. H.S. Deol, Advocate, appearing for the Respondent-Union of India and have gone through the records of the case.