PRAMILA DEVI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 3.9.2014 passed by the Railway Claims Tribunal, Ranchi in connection with Case No. OA(IIU)/RNC/2010/0117 (Old No. OU -70049/07) whereby petition filed by the claimants has been dismissed. The facts in brief is that Rajendra Prasad Sharma aged 45 years fell down accidentally at Khanudih Railway Station in course of getting into the D.M.U. Down train on 6.5.2007. His left leg crushed and he was removed to PMCH, Dhanbad for his treatment but could not survive. The appellant No. 1 -Pramila Devi happens to be the wife of the deceased whereas appellant Nos. 2 to 4 are daughters and son.

(2.) The appellants filed a petition for grant of compensation in lieu of death of Rajendra Prasad Sharma, who died in course of traveling in the train.

(3.) The appellants have assailed the impugned judgment on the ground that the learned Tribunal has admitted that the deceased was a bona fide passenger and he was traveling on the basis of valid ticket but refused to grant compensation on the ground that the deceased sustained injuries due to his negligence. He was trying to board in the running train after getting his bag which was left on the platform. In course of boarding in the train, he fell down and caught under wheels. The incident does not come under any of the category of 'Untoward Incident' under Sec. 123(c)(2) read with Sec. 124 -A of the Railways Act.