SMT. TIJAN DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 19.08.2015 passed by the learned Member(Technica|) of Railway Claims Tribunal, Ranchi Bench in Case no.OA(IIU)/RNC/2014/0029 whereby the learned Tribunal has dismissed the claim of the appellants.

(2.) Learned counsel for the appellants has argued that though the Tribunal has recorded the finding that the deceased was a bona-fide passenger as defined under Sec. 2(29) of the Railways Act, 1989, however, a manifest error has been committed in denying the compensation by relying on the deposition of Station Superintendent(C.W.2) and the Guard of the train (C.W.1). It is argued that the Tribunal has not considered the fact that C.Ws.1 and 2 were not an eye witness to the incident. The Tribunal has erred in holding that the deceased fell down while boarding the train from the off side therefore, the injury sustained by him was on account of negligent act of the deceased which comes within the purview of the exception of self-inflicted injury under the proviso to Sec. 124-A of the Railways(Amendment) Act, 1994 and the respondent-Railways is exonerated from the liability to pay the compensation.

(3.) Per contra, learned counsel for the respondent-Railway has supported the impugned order and contended that from the narration of the occurrence and the testimony of C.Ws.1 and 2 it is abundantly clear that the deceased was boarding the train from the offside and in doing so he fell down and sustained fatal injuries resulting in his death. It is argued that deposition of C.Ws.1 and 2 is corroborative of the fact that the deceased died due to the injuries on account of his own negligence. Such negligent act of the deceased amounts to self-inflicted injury covered under Clause (b) of the exception to proviso of Sec. 124-A of the Act. In the exposited facts the Tribunal has not committed any error in law or on fact by rejecting the claim of the appellants.