HEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is first appeal against the judgment dtd. 13/7/2012, passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short, 'the Tribunal'), vide which, application filed by the present appellants along with Keni, mother of the minors, was dismissed. Keni died during pendency of the claim petition before the Tribunal.

(2.) On 14/11/2010, Naresh Kumar, husband of Keni and father of appellant Nos.1 to 4 and son of appellant No.5, after purchasing ticket from Tohana to Narwana, boarded the footboard of Jammu Tawi Express 6032- Dn at Railway Station Tohana. As the train gathered speed, due to jerk, Naresh Kumar fell down from the train and received injuries. He was removed to General Hospital, Tohana, where he succumbed to the injuries. The General Railway Police, Tohana was informed, which recovered Rs.110.00 and one railway ticket ex-Tohana to Narwana from the personal search of the deceased.

(3.) In the written statement, the respondents has taken a stand that the deceased was admittedly travelling on the footboard of the train. Therefore, the alleged incident comes within the purview of the self inflicted injuries and the railways is not liable for the same. At the same time, the railway in the reply on merits denied all the facts including that the deceased has purchased the ticket and was traveling on the railway.