DINESH CHANDRA SOMANI,J. - (1.) The instant appeal under section 23 of the Railway Claims Tribunal Act, 1987 has been preferred by the non claimant/appellant (hereinafter referred as "the non-claimant") against the judgment dated 05/05/2015 passed by Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred as "the Tribunal") in OA-II/67/2008, whereby the claim application filed by the claimant-respondent, has been partly allowed and a sum of Rs. 4,00,000/- has been awarded as compensation along with interest @ 6% per annum from the date of registration of claim application i.e. 09/05/2008 till the date of award and thereafter @ 9% per annum till the date of actual payment.
(2.) Skeletal material facts necessary for disposal of this appeal are that the claim application has been filed by the widow of the deceased being sole dependent of deceased under section 16 of the Railway Claims Tribunal Act, 1987 read with section 125 of the Railways Act, 1989 seeking compensation of Rs. 6,00,000/- together with interest @ 18% per annum on account of death of her husband Dinesh Singh @ Chikna in alleged untoward incident. It has been averred in the claim petition that on 31/03/2008, the deceased Dinesh Singh @ Chikna purchased a ticket of second class for journey from Jaipur to Delhi and he boarded in second class compartment of the Mandore Express from Jaipur Railway Station. When the said train reached KM 152/4-5 near railway bridge, Bandikui, due to sudden jerk of train, husband of the claimant fell down from the running train. Because of this sudden accidental fell down, he sustained serious injuries and died on the spot. It is also averred that report of the aforesaid incident was submitted by the Station Master, Bandikui through memo to SHO, GRP, Bandikui and on receiving the said information, Marg Report No.8/2008 under section 174 of CrPC, 1973 was registered. The claimant submitted copies of FIR, post-mortem report and original wedding invitation card along with the claim application.
(3.) The non-claimant/appellant Railway Administration filed its written statement along with DRM's report, denying all the material averments of the claim application. It has been pleaded therein that the deceased died due to travelling on the roof of the train and the deceased himself is responsible for his negligent act. As such, the present case is covered under exception "b" and "c" of the proviso to Section 124-A of the Railways Act, 1989 for which the claimant is not entitled for any compensation. On basis of these averments and other pleas, the non-claimant/appellant prayed for dismissal of the claim application. On basis of the pleadings of the parties, the learned Tribunal framed following issues:- 1. Whether the deceased was travelling on a valid railway journey ticket and was a bona fide passenger of the train in question at the relevant time? 2. Whether the deceased met with an untoward incident, sustained injuries and died as a result thereof as alleged in the claim application and the said incident is covered under the definition of section 123(c)(2) of the Railways Act, 1989? 3. Whether the applicant is the sole dependent of the deceased and is entitled to compensation as claimed under Para 16 of the claim application? 4. Relief?;