PATTAR BAI AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the decision dated 18.10.2012 of the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, rendered in Case No.OA-II/129/2011, by virtue of which the claim application filed by the claimants/applicants under Section 16 of the Railway Claims Tribunal Act, 1987, has been dismissed.

(2.) The respondent-Railways filed the written statement controverting the averments made in the claim petition and taking a stand that the accident was not an "untoward incident" within the meaning of Section 123(c)(2) of the Railways Act, 1989 (hereinafter to be referred as the 'Act'), and the deceased Mohan Lal was not even a passenger what to say about bona fide passenger. As such, the applicants/claimants are not entitled for the compensation. It is also submitted that the alleged train does not go to Bilaigarh or Raipur and the GRP proceedings are not based on any material.

(3.) On the basis of rival pleadings, the Tribunal framed following issues: