MANISH MATHUR,J. - (1.) Heard Mr. Shantanu Gupta, learned counsel holding brief for Mr. Pritish Kumar, learned counsel for appellant and Mr. Mahendra Kumar Mishra, learned counsel appearing on behalf of respondent.
(2.) First appeal from order has been filed under Section XXIII of the Railway Claims Tribunal Act,1987 against the judgment and award dated 16.12.2002 passed in Claim Case No. 0A0100204 (Smt. Manju Yadav Vs. Union of India) whereby claim of appellant has been rejected on the ground that death of predecessor-in-interest of the claimants has occurred on account of suicide having been committed by him and is thus not liable for compensation in terms of Section 124-A of the Railways Act 1989.
(3.) In the claim petition, it is averred that the deceased had travelled from Etawah to New Delhi by train no.4517 Unchahar Express on 06.10.2000, and as per assertion of the claimants the deceased was having second class general journey ticket. It was claimed that when the train was passing Jaswant Nagar Railway Station, the deceased accidentally fell from the compartment and sustained injuries resulting in his instant death. It was claimed that the journey ticket was lost during course of incident. It was also claimed that the entire incident has been witnessed by an eye witness namely Netra Pal Singh Yadav who was produced as plaintiff witness to substantiate and corroborate the claim petition.;