BHIMAL PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Miscellaneous Appeal has been preferred by the claimant against the judgment dtd. 13/8/2013 passed by Member (Technical), Railway Claims Tribunal, Ranchi Bench in Case No. OA (IIU)/RNC/2010/0194, whereby the claim application has been dismissed on two grounds; that the deceased was not a bonafide passenger and the case will come under self-inflected injury, under exception (a) to (e) of Sec. 124A of Railways Act, 1989 and not under Sec. 123(c)(2) of Railways Act, 1989.

(2.) Learned counsel for the appellant, Mrs. Chaitali Chatterjee Sinha has assailed the impugned award referring the Lower Court Records, which has been called for by Coordinate Bench of this Court in terms of order dtd. 9/1/2019 and has submitted that Satyendra Paswan along with other six members of his family were travelling from Danapur to Jasidih on 27/6/2010 by Train No. 3288 DN and deceased, Satyendra Paswan fell down while trying to re-board the train, after purchasing water and eatables at Dadpur halt in between Danapur and Jasidih.

(3.) Learned counsel for the appellant has further submitted that father of the deceased, who is claimant, has categorically stated in his evidence as AW-1 that his son was possessing his ticket as he went to bring water and eatables at platform and other six tickets were with him, which was produced before the Tribunal. The victim died because of the rush and jolt at Dadpur halt.