UNION OF INDIA Vs. SOHAN SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal is directed against the order dated 27.4.2012 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') in case No. OA -II -195/2009, whereby the Tribunal has allowed the claim petition of the respondent -claimant and awarded claim of Rs. 4,00,000/ - with interest @6% per annum from the date of filing of the claim petition till the award, on account of the death of Smt. Urmila Devi. As per the case of the respondents -claimants, Smt. Urmila Devi, who was wife of respondent No. 1 and mother of respondent Nos. 2 to 4, died on 21.4.2009 when she was getting down from the train at Chiksana Railway Station, and her saree got stucked in her feet, as a result of which, she fell down from the train in between the coach and the platform. As per the contention raised by the appellant before the Tribunal, the deceased had fallen down from the train on account of her own negligence and that her case did not fall within the purview of Section 123 of the Indian Railways Act. The Tribunal after appreciating the evidence on record, passed the impugned order which is challenged in this appeal.

(2.) IT has been sought to be submitted by learned counsel for the appellant that deceased Urmila Devi had died on account of her own negligence, which should be treated as self inflicted injury as per the exception to Section 124A of the said Act, and therefore the respondents -claimants were not entitled to get any compensation, as awarded by the Tribunal.