DEVI PRASAD SINGH,J. - (1.) HEARD learned counsel for the appellant and the learned counsel for the respondents.
(2.) THE present appeal has been preferred under Section 123 of the Railways Act against the impugned award dated 27.2.2004 delivered by Railway Claims Tribunal Lucknow in Case No. OA 0000120. The tribunal had awarded compensation to the tune of Rs. 4,00000/- (four lacs) to the claimant respondents. The husband of the claimant had boarded the train no. 4048 Dn. Abida Express on 27.5.2000 having second class ticket No. 42257911. When the train reached Fatehpur station he came down to purchase the water bottle. After purchasing the water bottle when petitioner tried to board the train, it came into motion. Later on he fell down from the train suffered grievous injuries and ultimately died in the hospital. Thereafter claimant approached the tribunal. Before the tribunal the claimant claimed compensation under section 123 (2) of the Act on the ground that falling from the train was an accident and amount to untoward incident. The appellant took a defence that the deceased suffered injuries for his own fault and placed reliance on the proviso of Section 124 A of the Railway Act, 1982.
(3.) HOWEVER , defence was taken by the appellant that no compensation be awarded since deceased suffered from his own fault in view of proviso contained in Section 124 A of the Act seems to be not sustainable in the absence of evidence lead by the appellant.;