UNION OF INDIA Vs. MALTI DEVI

JUDGEMENT

(1.) The present appeal has been filed by Union of India to challenge award dated 31.12.2012 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh vide which the claimant has been awarded compensation to the tune of Rs. 4 lacs on account of death of her son, namely, Mani Bhushan.

(2.) Briefly the facts of the case are that a claim petition was filed by Malti Devi, the mother of deceased on account of death of her young son aged about 25 years, who died in an untoward incident while traveling in a train. The deceased was working as a labourer in a Plywood Factory at Yamuna Nagar. On 11.10.2010, he was going to his home town along with his friend Muntoon and purchased a railway ticked bearing No. 05164831 from Jagadhri to Chakia and boarded in general class compartment of Jannayak Express train from Jagadhri. Due to heavy rush in the train at the time of boarding, the friend of deceased entered in the train, however, the deceased was standing near the door of the compartment. Due to jerk and jolt coupled with the pull and push of the passengers in the train, the deceased accidentally fell down from the train near KM No. 208/3-5 between railway stations Jagadhri and Kalanaur and sustained serious, grievous and multiple injuries on the vital parts of his body and succumbed to the injuries.

(3.) The claim petition was filed by the mother being dependent upon the deceased. The claim petition was contested by the Railway Department by filing written statement, wherein, various objections were raised on the ground of maintainability of the claim petition. The Railway Department has contested the claim petition mainly on the ground that the claimant was not entitled for compensation as the incident does not come within the ambit of Section 123 (c) (2) read with Section 124-A of the Railway Act. The following issues were framed by the learned Tribunal:-