UNION OF INDIA Vs. MITLESH CHOPRA

JUDGEMENT

(1.) In the present appeal, the appellant-Union of India has challenged the impugned award dated 06.09.2011 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh by way of filing the present appeal.

(2.) The claim petition has been filed by widow of Ram Parkash Chopra, who died in railway accident while he was going to Panipat to take his pension. However, he fell down from the platform into the railway track and was run over by the train in Kurukshetra. Resultantly, both her legs got crushed by the train. The claim petition was contested by Union of India and the claimant was granted compensation of Rs.4,00,000/- along with simple interest @ 6% per annum from the date of filing of claim petition till the payment is made.

(3.) The present appeal has been filed to challenge the impugned award on the ground that the incident in the present case does not come under the definition of 'untoward incident' as defined under Section 123(c) (2) of the Railways Act, 1989 as neither he was a bona fide passenger nor any untoward incident occurred. The Railway Administration is not under obligation to pay any compensation but the compensation has been awarded by the Tribunal, which is contrary to the provisions.