JALHI ORAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of Order and Judgment dated 15.10.2012, passed by Railway Claim Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2009/ 0063 whereby and whereunder claim application filed by the applicants has been dismissed.

(2.) Claim application was filed by applicants alleging therein that on 20.08.2009 husband of applicant no. 1 came to Tangar Bansuli Railway Station to send his relatives by Lohardaga - Ranchi Train at about 6:00 p.m.. He was on the railway compartment with his relatives when suddenly train started. He was trying to alight from the train on the platform but unfortunately fell down, sustained injuries all over the body and died instantly.

(3.) The respondent - Railway filed written statement denying therein claim of the claimants on the ground that deceased did not die due to untoward incident nor he was a bonafide passenger. It is alleged that Station Manager, Tangarbansli had issued a certificate on 18.01.2010 to the effect that there was no provision of platform at said station and no platform ticket was issued on the alleged day and date of incident. The alleged incident took place due to negligence act of the deceased as he was detraining from the running train. The incident is clearly a self-inflected injury and coming under the exceptions as per proviso from (a) to (e) of the Railway Act, 1989. Respondent-Railway further alleged that they cannot be held liable for the negligence and unlawful acts of the deceased. Claim petition was hopelessly time barred also and as such the same is liable to be dismissed.