- (1.) HEARD Mr. Anil Shrivastava, the learned counsel for the appellant and Mr. Jaspreet singh and Mr. P. K. Singh learned counsel for the respondents.
(2.) THE Union of India has preferred the instant first appeal from order under section 23 of the Railway Claims Tribunal act, 1987 against the judgment and award dated 3. 4. 2003 passed by the Railway claims Tribunal, Lucknow in Claim Case no. 0000033 by which compensation of rs. 4,00,000 was awarded to the claimant-respondent.
(3.) THE brief facts of the case are that a claim petition under section 124-A of the Railways Act, 1989 was filed by the claimants-respondents on account of death of Sadhana Kumari. The said claim petition was contested by the appellant by filing written statement, stating, inter alia, that the alleged incident does not fall under the ambit of an 'untoward incident' as defined in section 123 (c) (2) read with section 124-A of the Railways Act.;