U.K.Dhaon, M.A.Khan, JJ - (1.) This is an appeal arising out of the judgment and award dated 28.8.2002 passed by the Railway Claims Tribunal, Lucknow, thereby awarding a sum of Rs. 4,00,000 by way of compensation to the heirs of the deceased Amerika Prasad Yadav.
(2.) A claim case was filed before the Tribunal with the allegations that deceased Amerika Prasad Yadav was travelling on 19.6.2001 by train No. 3010 Dn., Doon Express. He accidentally fell down at a place in between Kanpur-Dariyabad Railway Stations and died on the spot. The claimants are his heirs and have filed the claim petition under section 124-A of the Railways Act.
(3.) The claim case was contested by the railway administration amongst others on the grounds that deceased Amerika Prasad Yadav was not a bona fide passenger of the train in question and even if he was travelling in the said train, he had endangered his own safety by his negligence and rashness and, therefore, heirs are not entitled to claim any compensation.;