ASHOK KUMAR SINGH Vs. UNION OF INDIA, THROUGH GENERAL MANAGER, S.E. RAILWAY, KOILAGHAT STREET, KOLKATA, WEST BENGAL

JUDGEMENT

(1.) Claimants/appellants have preferred this Misc. Appeal under section 23(1) of Railway Claims Tribunal Act, 1987 against the judgment dated 02.12.2014 passed by Railway Claims Tribunal, Ranchi in Case no. TAU/RNC/2005/0011, whereby and where under claim of the appellants for compensation of Rs. 4,00,000.00 has been rejected.

(2.) The case of the appellants before the tribunal, in brief, was that the deceased Manish Kumar, son of Sri Ashok Kr. Singh, aged about 22 years was travelling from Allahabad to Bokato Steel City on 19.10.2004 in train no. 2802 DN New Delhi Puri-Purushottam Express and he was holding proper ticket but accidentally fell down from the train near northern side of platform no. 2 of Bokaro Steel City Station and run over by the said train and died. Thereafter, U.D.Case no. 14/2004 dated 19.10.2004 was instituted at Bokaro G.R.P.S. and after due enquiry, final report was submitted stating therein that it is a case of railway accident, run over due to falling from the alleged running train. In support of his claim, claimants had examined himself as witness AW-1 and produced photocopy of FIR, Fardbeyan of one Sri Harinarayan Singh and Final Report submitted by the police.

(3.) Contesting the claim, the respondent-Union of India, through General Manager, S.E. Railway, filed written statement stating inter alia that the claim application is not maintainable as the deceased was trying to detrain from a running train and fell down and died on the spot. So it is a case of self inflicted injury . Secondly, the deceased was not a bona fide passenger, as no ticket was recovered from the dead body of the deceased. Since it was due to rash and negligent act of the deceased himself and the injury comes under the self inflicted injury, hence the accident does not attract the provisions of enabling payment of compensation For Accidental Falling .