SMT. ASHA KUNWAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the order dated 20.08.2013 passed in Case no. OA/IIU/RNC/2011/0051, by the Railway Claims Tribunal, Ranchi Bench, whereby the appellants/claimants' application for compensation was dismissed.

(2.) The claimants/appellants filed the claim application stating that Sunil Paswan, the husband and father of the claimants was travelling on Mumbai-Howrah Mail from Kalyan Junction to Dehri-On-Sone. That in the intervening night of 13/14.01.2011, he fell down from the train and died on spot due to the injuries sustained on account of the fall. The copies of the station memo, FIR, post mortem report, final report and the journey ticket were filed with the application.

(3.) Learned counsel, for the appellants/claimants, submitted that the Tribunal has arrived at a conclusive finding that the deceased was a bona-fide passenger travelling on a valid ticket, but, dismissed the claim application on the ground that in the inquiry report, Ext. R2, submitted by the DRM, it has been stated that the deceased must have fallen down as he was travelling while standing at the open door of the compartment and he fell due to his own negligence which comes within the purview of exceptions (a) to (e) of Sec. 124(A) of the Railways Act, 1989, therefore, the Railways were not liable to pay the compensation. It is argued that no oral or documentary evidence has been brought on record by the respondent/Railways, to establish that the untoward incident took place on account of negligence of the deceased or he was in a state of intoxication or insane or it was a suicidal act for exonerating the Railways from the liability to pay the statutory compensation.