(1.) This appeal has been preferred against the judgment dated 18.10.2007, passed by the Hon'ble Member (Judicial), Railway Claims Tribunal, Ranchi in Case No. TTU 98009 of 1998 whereby the claim application filed by the appellants was dismissed.
(2.) The brief facts, appearing on record, is that Ram Krishna Mazumdar, husband of appellant No.1 was travelling by 313 UP passenger train from Bhaga Railway Station to Khanudih Railway Station on 13.12.1997. At the time of getting down at Khanudih Railway Station, the deceased fell down and crushed under the wheels of the said train resulting his death instantaneously. Appellant No.2 Ranjit Kumar Majumdar, son of the deceased, after receiving such information, rushed to the place of occurrence and identified the dead body of his father lying on the platform. The post mortem was conducted on the dead body of late Ram Krishna Majumdar and the information was entered before the authority concerned. The appellants filed a petition for grant of compensation for Rs.4 lacs u/s 124 A read with Rule 3 and 4 of the Railways Accident and Untoward Incidents (Compensation) Rules, 1990.
(3.) The respondent South Eastern Railway filed written statement against the claim application and contended that death of late Ram Krishna Majumdar does not come within the purview of untoward incident as defined in the Indian Railway Act. The death did not occur due to fault of railway rather the deceased was careless at the time of getting down from the train and that is the reason he fell down and said incident took place. The death of deceased is not covered under any conditions, as stated in Clause(a) to (e) of Section 124A of the Railways Act, 1989 (Amendment 1994). It was further contended that the claimants had failed to prove that the deceased was a bonafide passenger in the train.