UPENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Gautam Kumar Kejriwal learned counsel for the appellant and Sri Anil Singh learned counsel for the respondent (Railway).

(2.) The present Miscellaneous Appeal has been filed for setting aside the decision dtd. 9/10/2012 passed by learned Member (Technical) Railway Claim Tribunal, Patna Bench in Execution Case No. EX/PNBE/2012/20 (arising out of OA No. 00079/2001) by which Tribunal has rejected the execution of original order dtd. 24/10/2011 passed by the Tribunal.

(3.) Appellant had initially filed claim application before the Tribunal being O.A. Case No. 00079/2012 for payment of compensation on the ground that on 8/10/2000 the son of appellant no.1 namely Sanjay Kumar Singh had boarded Train No. 209 (Up-Howrah Darbhanga Passenger) from Dumari Halt for Hatidah Station which was very crowded and her son lost his balance and fell down on the railway track and was run over by the train accordingly her son met accidental death which is covered by sec. 123C(2) of the Railways Act, 1989. The claim of appellant was contested by Railways that occurrence was not covered by sec. 123 of (A)(a) to (e)of the Rail (amendment) Act 1994 or by its exception.