GHISI BAI & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present appeal arises out of the order dated 22.04.2010 passed by the Railway Claims Tribunal, Jaipur Bench, (hereinafter referred to as the Tribunal ) in Original Application No.OA -II -34/2007, whereby the Tribunal has dismissed the claim petition of the appellants -claimants.

(2.) BRIEFLY stated the facts of the present case are that the appellants -claimants had filed the claim petition before the Tribunal alleging interalia that on 18.11.2006, the deceased alongwith his wife, son and other villagers had purchased the tickets for the journey from Sawaimadhopur to Indergarh by a passenger train. While they were waiting for the train to come at platform No.2, the deceased had gone to attend the nature's call and while doing so, the Rajdhani Express hit the deceased. The deceased therefore, sustained serious injuries, and died on the spot. The said claim petition was resisted by the respondent denying the allegations, and further contending interalia that the deceased was not the bonafide passenger, and that the death of the deceased had occurred due to his own negligence for which the respondent administration cannot be held liable. The Tribunal after appreciating the evidence on record has dismissed the claim petition vide the impugned order, against which the present appeal has been filed.

(3.) IT is submitted by the learned counsel Mr. Ajay Shukla for the appellants that though the Tribunal had held that the deceased was a bonafide passenger, had committed an error in not awarding compensation for his death. According to him, the deceased was hit by the train -Rajdhani Express and had died on the spot as a result of multiple grievous injuries, and therefore, the appellants were entitled to get the compensation under the Railways Act. However, the learned counsel Mr. Shailesh Prakash Sharma, for the respondent placing heavy reliance on the proviso to Section 124 -A of the Railways Act submitted that the deceased had died on account of his own negligence and criminal act, and therefore, the Tribunal has rightly dismissed the claim petition.