Devi Prasad Singh, Vishnu Chandra Gupta, JJ. - (1.) Heard learned counsel for the appellant as well as learned counsel for the respondents and perused the record.
(2.) The instant appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the impugned award dated 10th August, 2007 passed by Railway Claims Tribunal, Lucknow. The deceased Shyam Babu was traveling from New Delhi to Phaphamau Jn. (Allahabad) by Purusottam Express train on 30/31.5.2000 after purchasing a second class journey ticket No. B 7340937. He accidentally fell down from the train between Kansapur to Malva railway station and sustained grievous injuries. He was carried to District Hospital, Fatehpur at 9.05 a.m. on 31.5.200 by G.P.R. C. No. 458, Munna Lal, Fatehpur. He was attended by E.M.O., Fatehpur. Later on, he was admitted in Priti Hospital, Allahabad by his family members and during treatment he succumbed to his injuries on 3.7.2000. The claimant Smtu. Urmila Devi being the widow of deceased Late Shyam Babu, has claimed compensation of Rs. 5.0 lacs while preferring the claim petition before the Railway Claims Tribunal, Lucknow.
(3.) The tribunal had framed the following issues, while adjudicating the controversy:- 1. Whether the deceased was a bonafide passenger of the train in question 2. Whether incident of death of the deceased falls under the ambit of an untoward incident as defined U/S 123(c)(2) read with Section 124A of the Railways Act, 1989 3. Whether applicant is sole dependent of the deceased 4. To what relief The tribunal recorded a finding that deceased was bonafide passenger of the train and he was accidentally fell down from the train. The incident is covered by provisions of Section 123(c)(2) read with Section 124A of the Railways Act, 1989 and accordingly awarded the compensation of Rs. 4 lacs.;