- (1.) The present appeal has been filed by the appellant-Union of India under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order dated 14.12.2001 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') in claim case No. OA-II-46/1999, whereby the Tribunal has awarded the compensation to the tune of Rs. 4,00,000/- with interest @9% for the death of Sh. Shankar Lal, who died in the accident. The short facts giving rise to the present appeal are that on 18.10.1999 Shri Shankar Lal was travelling from Merta Road to Jodhpur by Jaipur-Jodhpur Intercity Express. There was a heavy rush in the train and he could manage standing space near the gate of the compartment. Near Sathin railway station he experienced a jerk, fell down and received multiple grievous injuries. He was brought by Railway Police for treatment in an unconscious condition to M.G. Hospital, Jodhpur. The injuries sustained by him proved fatal and he succumbed to them on 19.10.1999.
(2.) The Tribunal after considering the evidence available on record held that the deceased was a bonafide passenger who fell down from the running train and hence his case was covered under the "untoward incident" within the meaning of Sec. 123(c) for the purpose of Section 124A of the Railways Act, 1989.
(3.) Learned counsel for the appellant has sought to submit that the case of the deceased would fall under the proviso to Section 124A of the Railways Act, which would disentitle the claimants to claim compensation under the said provision. According to him, the deceased had died on account of his own negligence which should be construed as the self inflicted injury and hence the proviso would come into play. On the other hand, learned counsel for the respondents-claimants while supporting the order passed by the Tribunal submitted that the deceased had died in an untoward incident and hence the claimants were entitled to the compensation for his death.;