KANCHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal was filed assailing the judgment dated 27.02.2009 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal") in Case No.OA-II/75/2004, vide which the claim application of the appellants was dismissed.

(2.) The facts extracted from the record are as under:-

(3.) The respondent contested the petition raising preliminary objection that no untoward incident in terms of Sec. 123(C) read with Sec. 124 of the Railways Act, 1989 (for short, "the Act") had taken place. It was also denied that the deceased was a bona fide passenger from Bathinda to New Delhi. According to the respondent, the deceased suffered injuries due to his own criminal and negligent act. He was running with the train when his foot slipped and he fell down, as such, the railway administration was protected under Sec. 124-A of the Act and was not liable to pay any compensation.