LIKHONI TUDU Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of Order/Award dated 23.08.2013, passed by Railway Claim Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2010/ 0182 whereby and whereunder claim application filed by the appellant has been partly allowed.

(2.) Claim application has been filed by applicant Likhoni Tudu, mother of the victim - deceased Anil Murmu claiming compensation of Rs.4 lacs. with interest. It has been alleged in the complaint petition that on 29.10.2007, the applicant /appellant was travelling with her son late Anil Murmu by Train No.61 UP EMU Asansol Baidnath Dham from Jamtara Railway Station to Madhupur. He fell down at Joramo Railway Station, when trying to re-board the train. The appellant in support of her application, had filed copy of privilege pass, Fardbayan, Inquest Report, Post Mortem Report.

(3.) The respondent - Railway filed written statement denying therein claim of the claimant and inter alia stated that it is not admitted that the incident was untoward incident as defined in Section 123 of the Railway Act. That the enquiry report reveals that he slipped from the running train due to his own fault and as such, very comfortably it can be said that it was a case of negligence on the part of the deceased.