- (1.) This appeal is directed against the judgment/order dated 23.8.2013 passed by the Railway Claims Tribunal, Ranchi Bench, in Case No. OA (IIU)/RNC/2011/0070 (Check List No. 2911110003).
(2.) Learned counsel for the appellant has submitted that it is the specific case of the claimant that the deceased - Nagendra Urao had boarded Train No. 3348 Palamau Express, at Patna to go to Nagar Untari. He had a valid ticket. That at Gaya, he alighted from the train and after purchasing some eatables and drinking water, he again boarded the train but due to heavy rush of passengers, he was unable to reach to his seat and had to stand near the gate of the compartment. Due to the rush and jostling of the passengers, he accidentally fell down from the running train between Ismailpur and Guraru Station between K.M. 195/17 and 195/19, consequent thereto, he sustained injuries, resulting in his death at the spot.
(3.) It is argued that it is evident that deceased Nagendra Urao met with the accident while travelling in the train and this is supported by the Memo dated 23.7.2011 (Annexure -2), prepared by the Railway Authority which is the basis of U.D. Case No. 54/2011 registered with the Rail P.S. Gaya on 23.7.2011. The inquest report was prepared and enquiry was conducted. The enquiry report contains the statement of independent witnesses and establishes that the deceased died on account of accidental fall from the running train. On information, the family members reached Gaya and lodged the written report with the police. The police investigated the case and submitted the final report corroborating the manner of occurrence. The postmortem report also supports the same. It is urged by the counsel that the Tribunal denied the claimed compensation on surmises that the injuries sustained were self inflicted, hence the claimant is not entitled to compensation as the death was not due to any 'untoward incident' as defined under Section 123(c) (2) of the Railways At, 1989. It is argued that the finding of the learned Tribunal is not tenable as no evidence whatsoever has been adduced by the Railway authorities to prove that the incident was covered within the exceptions as stipulated under Section 124 -A (a to e) of the Act.;