- (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-23/1999, whereby the Tribunal has awarded the compensation to the tune of Rs. 4,00,000/- with interest @9% for the death of Sh. Shiv Ram Bohara, who died in the accident. The short facts giving rise to the present appeal are that the deceased Shivram Bohara was a bonafide passenger travelling with second class ticket No. 03926034 dated 12.1.1999 with sitting reservation vide S. No. 116507. He got down at Makrana station for getting Tea and Newspaper. While boarding the train, he could not board properly due to heavy rush. As a result of which he fell down from the running train and died.
(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.;