SRI DHARNIDHAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment/award dated 9.8.2010 of the Honourable Member of Railways Claims Tribunal. Ranchi Bench, whereby the claim for compensation has been dismissed.

(2.) The case of the applicant/appellant is that the deceased Sanjeev Kumar was a bona fide passenger and was travelling on Train No. 8311 UP, i.e., Ispat Express and he fell down from the train in between Tunia and Goilkera stations. He succumbed to the injuries sustained by him due to the accidental fall.

(3.) Mr. Rajesh Kumar Jha, learned counsel for the appellant has submitted that the Tribunal has erred in holding that the fatal injuries sustained by the deceased were self-inflicted therefore, the respondent/railway was not liable to pay the compensation since the said injuries come within exception (b) of the proviso of section 124(A) of the Railways Act. 1989.