LALITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. Chaitali C. Sinha, the learned counsel appearing on behalf of the appellant and Mr. Akash Deep, the learned counsel appearing on behalf of the sole respondent /Union of India.

(2.) This appeal is directed against the order dtd. 18/3/2015 passed by learned Railway Claims Tribunal, Ranchi Bench in Case No.OA (IIU) RNC/2012/0053 in an application under Sec. 16 of the Railway Claims Tribunal Act, 1987 which has been rejected by the said learned Tribunal.

(3.) Mrs. Sinha, the learned counsel appearing on behalf of the appellant submits that the deceased namely, Laxman Saw on 9/7/2012 after purchasing a valid 2nd class ordinary ticket bearing No.044264412- ex-Baidyanath Dham to Gaya reached Jhajha by train. He then boarded from Jhajha Train No.5233 UP Kolkata-Darbhanga Express for going to Kiul from where he was to board another train for going to Gaya Jn. There was a rush in the compartment and when the train was approaching Kiul Jn. he reached near the gate of the compartment to get down. However, due to jostling amongst the passenger he fell down from the moving train at Kiul Jn. and sustained serious injuries and died during treatment at Railway Hospital, Kiul. She submits that the claim application was filed before the learned Tribunal. She submits that the learned Tribunal has rejected the claim of the claimant vide the judgment dtd. 18/3/2015 and aggrieved with that, the present appeal has been filed. She further submits that a U/D case No.29 of 2012 dtd. 10/7/2012 was registered by Railway police at Kiul in which final form has been submitted wherein at conclusion part it was stated that the death has occurred due to accident on account of accidental fall from the said train. In the said final form it has also been reported that the police has also mentioned about recovery of ticket from the body of the deceased. She further submits that this occurred due to jostling of passengers and there was lot of rush due to Bol-Bam Yatra. She further submits that the learned Tribunal has framed the issue as to whether any "untoward incident" as defined under Sec. 123(c)(2) of the Railways Act, 1989 occurred to him while travelling by Train No.5233 UP Kolkata- Darbhanga Express on 9/7/2012 from Baidyanath Dham to Gaya Jn. or not? She submits that while deciding this issue, the learned Tribunal has come to the conclusion that the injury caused due to own fault of the deceased. She further submits that however, the finding with regard to the bona fide passenger is in favour of the deceased and inspite of that, the learned Tribunal has rejected the claim of the claimant. According to her, the learned Tribunal has wrongly framed the issue with regard to sec. 123(c)(2) of the Railways Act, 1989. She further submits that the case of the petitioner is fully covered under Sec. 124-A of the Act itself. According to her, only exception mentioned in proviso to Sec. 124-A of the Railways Act, 1989 clauses (a) to (e) the case will not come under Sec. 124-A of the Railways Act, 1989. On these ground, she submits that the judgment of the learned Tribunal is fit to be interfered with as a bonafide passenger death has occurred.