UNION OF INDIA Vs. MOHINDER SINGH

JUDGEMENT

(1.) Challenge in the present appeal is to the order dated 22.1.1998, passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, 'the Tribunal') in OA-II/50/1997, whereby the Respondent has been awarded compensation of Rs. 2,00,000/- on account of the death of Smt. Gurmej Kaur.

(2.) Briefly, the facts are that on 7.1.1997, at about 1.30 A.M., deceased-Gurmej Kaur was returning home from Jagadhri after meeting her relatives at Jagadhri along with her daughter. After purchasing tickets at Jagadhri Workshop Railway Station for Amritsar, they went to board Haridwar Passenger 349 UP train at Platform No. 2 at Jagadhri Workshop Railway Station. There was heavy rush. Though the daughter was able to enter the compartment, but when the deceased was in the process, she was pushed because of heavy rush and the train started. She was crushed under the train after she fell down. The claim application was filed before the Tribunal, which was accepted. The Appellant being aggrieved is before this Court. The Respondent has filed cross objections seeking enhancement of compensation.

(3.) Learned Counsel for the Appellant submitted that in the case in hand, Smt. Gurmej Kaur did not die on account of any negligence of the Railways, rather, she herself was negligent. She should not have boarded the train when there was heavy rush. Her daughter should have ensured that her mother first boards the train and thereafter she enters. When a person himself attempts to board a heavily loaded running train and in the process falls, Railway Administration cannot be held liable.