PRITHIBI NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 by the claimants challenging the judgment dtd. 21/7/2014, passed by the Member (Technical), Railway Claims Tribunal, Ranchi bench in OA(IIU)/RNC/2010/0059, by which the Railway Accident Claims Tribunal has dismissed the claim application of the claimants.

(2.) A claim application was filed by the claimants stating therein that on 1/4/2009, Mani Shankar Kumar alongwith his friend was travelling in Dhanbad-Gaya Intercity Express from Dhanbad to Gomoh. He was holding a monthly pass. It is the case of the claimants that he fell down from the running train, received fatal injuries and ultimately, expired on 7/4/2009 in course of treatment. It is further case of the claimants, who are the parents of the deceased that they were dependent on the deceased and thus, the amount of compensation to the tune of Rs.4.00 lakhs alongwith interest should be granted.

(3.) Respondent Eastern Central Railway contested the claim by filing written statements. They stated that the incident was not an untoward incident thus, no compensation should be granted to the claimants. It is their case that the report suggests that the deceased was negligent while travelling in the said train. It is further their case that the deceased wanted to spit outside the train for which he leaned out when he was struck by a pole resulting in a fall. The deceased died due to the said injury, which according to the Railways, is a self-inflicted injury which debars the claimants from claiming compensation. The Railways had taken plea that there was no fault on the part of the Railway Administration, so the claimants are not entitled to any benefit.