Vibha Kankanwadi - (1.) Present appeal has been filed by the original applicant, challenging the judgment and award passed in Claim Application No. OA(IIU)/NGP/2014/0254, passed by learned Railway Claims Tribunal, Nagpur Bench, on 10-11-2017, whereby the claim for compensation filed by the present appellant came to be dismissed. [Parties are referred as per their nomenclature before the Tribunal.]
(2.) Present appellant / original applicant had claimed that he is the legal heir of one Malanbai Tukaram Mudkhede. Applicant had filed the petition for compensation on account of death of Malanbai in an untoward incident alleged to have occurred on 03- 05-2014. Deceased had boarded unknown train in the evening hours from Nanded Railway Station for travelling up to Mukhed. When the train was passing Mugat Railway Station, she accidentally fell down due to sudden jerk in the intervening night of 03- 05-2014 to 04-05-2014. She sustained serious injuries and died on the spot. Hence, the applicant had claimed compensation.
(3.) The respondent - railway contested the claim. It was contended that incident narrated in the application can not be considered as 'untoward incident' defined under Section 123(c) of the Railways Act, 1989. It was stated that no such incident causing death of Malanbai, within the meaning of Section 124(a) of the Railways Act had taken place and, therefore, the claim application itself is not maintainable. Other averments in the application have been denied. It was specifically contended that the applicant is not entitled to get any amount of compensation.;