PARAMANAND VIMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987, being aggrieved by the judgment dated 21.8.2013, passed by the Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi, in Case No. O.A.(11U)/ RNC/ 2011/ 0053. After preliminary hearing of this Appeal, by order dated 21.4.2014, the lower court records were called for and thereafter the matter was listed for hearing.

(2.) Contesting the claim, the Respondent East Central Railway filed written statement against the claim application and contended that death of late Malay Saurav 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. The respondent also stated that the head injury indicates that deceased fell down due to his negligence. The co-pilot in train No. 18624 on 13.01.2011 from Bokaro Steel City to Gaya states/d that during his duty he did not find any jerk or abnormality nor he got any information about any person accidentally falling from the said train causing death or injury.

(3.) On the basis of pleadings, the following issues were framed on 16.04.2012 by the Railway Claims Tribunal:-