UNION OF INDIA Vs. DURGA DEVI

JUDGEMENT

(1.) CM No. 4092/2012 (delay of 42 days)

(2.) The facts of the case are that Sh. Banwari Lal was travelling on 25.6.2007 from Delhi Junction to Nangloi Railway Station in Train No. 1-DR and while passing through Km. 16/4-5 near Kavita Colony, Phatak No. 2, Nangloi Railway Track, on account of sudden jerk and jolt of the train, Sh. Banwari Lal fell down from the train and died in the untoward incident as per the meaning of the expression found in Section 123(c) and Section 124A of the Railways Act, 1989.

(3.) The Railway Claims Tribunal has allowed the claim petition by making the following observations: