Sneh Prashar, J. - (1.) This appeal was filed assailing the judgment dated 27.02.2009 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal") in Case No.OA-II/75/2004, vide which the claim application of the appellants was dismissed.
(2.) The facts extracted from the record are as under:- On 10.04.2004, Naresh Kumar (since deceased) along with his relatives was travelling by Abha Express Train Ex.Mallot to New Delhi. They were having second class passenger tickets No.07750 to 07752. At Budhladha station, Naresh Kumar alighted from the coach to take water and when he tried to board the train, unfortunately the train started moving and he fell down on the track and died on the spot. With regard to the accident, the Station Master, Budhladha issued a memo to Incharge, G.R.P. for necessary action. Personal search of the dead body was taken, inquest report No.26 dated 10.04.2004 was prepared and the dead body was sent to Civil Hospital, Budhladha for postmortem. The widow, two minor sons and parents of deceased Naresh Kumar filed a petition claiming compensation to the tune of Rs. 4,00,000/- from the respondent-railways.
(3.) The respondent contested the petition raising preliminary objection that no untoward incident in terms of Section 123(C) read with Section 124 of the Railways Act, 1989 (for short, "the Act") had taken place. It was also denied that the deceased was a bona fide passenger from Bathinda to New Delhi. According to the respondent, the deceased suffered injuries due to his own criminal and negligent act. He was running with the train when his foot slipped and he fell down, as such, the railway administration was protected under Section 124-A of the Act and was not liable to pay any compensation.;