UNION OF INDIA Vs. JAGANATH SHANKARRAO PISKE & ANR.
LAWS(BOM)-2017-7-269
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 01,2017

UNION OF INDIA Appellant
VERSUS
Jaganath Shankarrao Piske And Anr. Respondents

JUDGEMENT

DR.SHALINI PHANSALKAR JOSHI, J. - (1.) This appeal is preferred under Section 23 of the Railway Claims Tribunal Act, 1987 for quashing and setting aside the order passed by the Railway Claims Tribunal, Nagpur Bench in Claim Application No. 51/OA-II/RCT/NGP/2007 dated 30.9.2009, thereby awarding compensation of Rs. 4,00,000/- to the respondents-applicants.
(2.) Brief facts of the appeal can be stated as follows:- "Deceased Kiran was the son of respondent Nos. 1 and 2. He was working as teacher in the school at Aurangabad. On 1.10.2006 he had gone to Bhusawal to meet his friend for his persons work and then after purchasing the ticket from Bhusawal Railway station, he was returning to Nashik by train No. 1382 UP. During the course of journey due to sudden jerk, Kiran fell down at Km. No. 420/2-24 between Bhadli and Jalgaon railway station. He sustained severe injuries and died on the spot. His ticket however, got lost in the accident. The respondents, therefore, claimed compensation of Rs. 4,00,000/- on account of the loss suffered by them due to his untimely death."
(3.) The appellant herein resisted the said application by raising the contention that the alleged incident was not an 'untoward incident' within the meaning of Section 123(c)(2) of the Railways Act. It was submitted that the cause of accident was the self-inflicted injury on the part of deceased as he was careless and negligent in crossing the railway track and hence, he was run over. It was therefore, submitted that railway authorities are not at all liable to compensate the respondents, especially when deceased was not a bona fide passenger and cause of accident was also not 'untoward incident' within the meaning of Section 123(c) (2) of the Railways Act.;


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