- (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 12.12.2001 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') in claim case no. OA-II-01/2001, whereby the Tribunal has awarded the compensation to the tune of Rs.4,00,000/- with interest @9% for the the death of Sh.Tara Chand, who died in the accident.
(2.) The short facts giving rise to the present appeal are that the respondents/claimants had filed the claim petition before the Tribunal seeking compensation for the death of Sh.Tara Chand, who was traveling in the train being 4708 Ranakpur Express going from Bandra Terminus to Bikaner on 3.11.2000. According to the claimants, while spitting out from the compartment (gate), when the said train was passing through Hanwant Station, his head was struck with the signal pole, as a result of which he fell down from the running train and died .
(3.) 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.;