KIRAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of Judgment/Order dated 20.06.2016, passed by Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2015/ 0024 whereby and whereunder claim application filed by the claimants on account of death of Mithlesh Kumar Lal who died in an untoward incident as defined in Section 123(c)(2) of the Railways Act, 1989, has been dismissed.

(2.) Claim application has been filed by applicants who are wife, two daughters, one son and mother of the deceased Mithlesh Kumar Lal claiming compensation of Rs.4 lacs. and Rs.1 Lac for mental agony. It has been alleged in the claim petition that Mithlesh Kumar Lal, while travelling from Train No. 22512 from Rourkela to Durg on 18.05.2014, fell down on Platform No. 2 at Durg Railway Station in morning hours of 19.05.2014 and died. The incident comes under the definition of an untoward incident as defined in Section 123(C)(2) of the Railways Act, 1989 and as such claimants are entitled for compensation as per law.

(3.) The respondent - Railway filed written statement denying therein claim of the claimants on the ground that deceased was neither a bonafide passenger nor did he die due to untoward incident. From DRM's enquiry report it clearly reveals that deceased did not fall from train rather he jumped from the through passing running train at Platform No. 2 at Durg Station on the alleged date, time and place of occurrence. The DRM's report based on the enquiry done under the Railway Passengers (Manners of Investigation of Untoward Incidents) Rules, 2003 has also been filed.