KHAIRUN NISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 22nd July, 2013 passed by Railway Claims Tribunal, Ranchi Bench in connection with Case No. OA(llu)/RNC/2010/0096, by which application filed for compensation has been dismissed. The fact, in brief, is that Md. Shakir boarded Train No. 1448, Shaktipunj Express at Howrah for going to Renukut, but due to Jharkhand Bandh, called by Maoists, route of the train was diverted and it was going through Dehri -on -Sone. While the train was passing through Dehri -on -Sone, due to rush and intense jostling in the train, Md. Shakir fell down from the running train, as a result he sustained injuries and died at the spot. The claimant happens to be mother of the deceased. Copies of journey ticket, first information report lodged as UD Case, inquest report, post mortem report, final report and identity card of the deceased had been placed before the Tribunal.

(2.) The Respondent -Railway denied the fact that Md. Shakir died due to an untoward incident, which comes within the purview of Sec. 124 -A of the Railways Act. As per final report submitted by the police, the deceased was coming nearer to the gate to get down from the train and due to his negligence he fell down in course of getting down from the running train.

(3.) Learned Tribunal has framed issues to decide the claim lodged by the appellant. Issue No. 1 has been decided in favour of the claimant that the deceased was a bona fide passenger, but Issue Nos. 2 and 3 have been decided against the claimant on the ground that the occurrences does not come under any of the category of untoward incident, defined under Sec. 123(c)(2) of the Railways Act, 1989 and he died due to his own negligent act. Therefore, the claimant is not entitled for any compensation.