ISHWAR DEVI Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) The appellants are aggrieved against the order passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, dated 11.10.2000, whereby the application for compensation on account of untoward incident in terms of section 124-A of the Railways Act, 1989 (hereinafter to be referred as 'the Act') was dismissed.

(2.) The appellants filed a claim petition, inter alia, alleging that deceased Kanwar Bhan was running a karyana and maniari shop at Mukerji Nagar, Sriganganagar and was self-employed. It is alleged that deceased Kanwar Bhan purchased a ticket from Railway Station, Patiala, for Nabha and when he was entering in train No. 1 UD at Railway Station, Patiala for going to Nabha and when he was on the footsteps/ stairs of the said train, the driver started the said train immediately without blowing any whistle, etc. The deceased fell down under the train and suffered injury and died at the spot.

(3.) In the written statement filed on behalf of the respondent, it was alleged that the deceased was not a bona fide passenger and no accident within the ambit of section 124-A of the Railways Act has occurred at Railway Station, Patiala and as such the application is not maintainable. It was alleged that the deceased has not purchased any ticket as alleged. It was also denied that the train did not blow the whistle.