RAMNANDI DEVI Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Instant appeal has been filed by the appellant/claimant against the order dated 04.04.2013 passed by Member Technical, Railway Claims Tribunal, Patna Bench in Claim Application No. OA 000303/2003 whereby and whereunder claim petition has been dismissed.

(2.) On account of death of Raja Ram Mahto on 03.09.2003 in an untoward incident while he was returning home from Bihia along with his brother Sita Ram Mahto with valid ticket through 3040 Down Janta Express and came at door while the train reached Karisath Railway Station to get down, on account of push and pull as the bogie was crowded, deceased came under wheel of train, got injured and died at the spot. Ara GRP UD Case No. 25/2003 was registered on the fardbeyan of Sita Ram Mahto. On the aforesaid assertion, Claim Petition No. OA000303/2003 was filed.

(3.) WS was filed on behalf of respondent/opposite party on appearance wherein it has been pleaded that from the fardbeyan of Sitaram Mahato, brother of the deceased, it is evident that while train was moving slowly at Karisath Station, at that very time deceased attempted to get down and during course thereof, slipped, came under wheel and died. So, deceased had not died on account of untoward incident rather on account of own negligence and for that, as per exception so provided under Sec. 124(A) of the Railway Act, Railway Administration would not be liable to pay compensation. it has also been pleaded that the burden lies upon the applicant to substantiate that the deceased was bonafide passenger of 3040 down Janta Express, failing which it will be presumed that deceased violated the mandate of Sec. 55 of the Railway Act being unauthorized passenger and for that, railway did not borrow any sort of obligation. Furthermore, denying the further averments made under petition, in para -10 of the WS, it has been pleaded that inquiry is going on and after submission of the report in case so necessitate, further objection will be filed.