JAWA SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for respondent.

(2.) The present appeal has been filed challenging the legality of the Judgment dated 05.05.2017 passed by the Member Judicial, Railway Claims Tribunal, Ranchi Bench Ranchi in Case No. OA(IIU)/RNC/2016/0022 Check List No. 2902160001 whereby the claim for compensation of the appellants has been rejected by the Tribunal holding that the Pratap Kumar Sinha who died due to his own negligence and thus it is not relevant to discuss that as to whether he was a bona-fide passenger or not. The learned Tribunal further came to the findings that the deceased did not die due to untoward incident and, therefore, the appellants are not entitled for Compensation under section 124-A of the Railways (Amendment) Act, 1994.

(3.) The facts of the case are that the deceased Pratap Kumar Sinha was a bank employee and was posted at Muri. After having purchased a valid ticket bearing No. N 21059850 boarded into the train, Chopan Express at Ranchi station for going to Muri. He was accompanied by another bank employee i.e. Harshpriya. There was a great rush in the compartment and passengers were jostling and pushing each other to get down at Muri station. In this process the deceased slipped down, and came under the wheels and his both legs were cut down. Then he was shifted to Silli Referral Hospital and thereafter referred to RIMS, Ranchi. He died during treatment at RIMS, Ranchi on 02.02.2015. The claim case has been filed on behalf of the wife and two sons of the deceased Pratap Kumar Sinha. In course of trial, the appellants adduced two witnesses and furnished the documents including the original train ticket i.e. Ext. A4 and final report i.e. Ext. A5.