ASHOK Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties.

(2.) IN the present appeal the appellant is challenging the order dated 21.1.2013 passed by the Railway Claims Tribunal, Patna in O.A. No. 00443 of 2002 by which the Tribunal has refused to grant compensation on account of the fact that the deceased was vending Gutka in the running train which is not permissible as provided under Section 144 of the Railways Act.

(3.) RAILWAY Administration has filed written statement. In paragraph 3 it has been stated that the son of the claimant died on account of his negligence and carelessness as he was travelling keeping the body hanging outside compartment and on that account he dashed the outer signal and the Railway cannot be held responsible for the negligence act of the passenger.