SHEELA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point arising for consideration in the present first appeal is whether, if a bonafide passenger having valid ticket is leaning out of the door of the train and is hit by a pole and consequently dies, will it amount to self inflicted injury or his own criminal act

(2.) The facts of the present case are that in this case, one Munna Kumar having a valid journey ticket was travelling from Patna to Ludhiana on 27.03.2011. When the train was passing Kesri Railway Station, due to heavy rush in the train and a sudden jerk, he fell down from the train and struck with a pole and later on succumbed to injuries.

(3.) The railway on the other hand led evidence to show that in fact the deceased was leaning out of the door and in this process he fell down For Subsequent orders see CM-7803-CII-2014 and struck against a pole of over bridge. The railway had taken the stand that it amounts to self inflicted injury and own criminal act. Therefore, the railway is not liable to pay compensation, on account of death of Munna Lal, to his legal heirs.