AMARIKA BABULAL BIND Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 against Judgment and Award dtd. 31/05/2017 passed by the Railway Claims Tribunal, Mumbai Bench in Claim Petition No.OA(IIu)/MCC/0976/2012 filed under Sec. 16(1) r/w (1-A) of the Railway Claims Tribunal Act, 1987 and Sec. 124-A of the Railways Act, 1989.

(2.) Brief facts necessary to decide the appeal are as under:- The Appellants being the widow and the parents of the deceased - Babulal Bind filed the Claim Application on assertion that on 31/10/2010 the deceased was travelling from Kurla to Mankhurd on a valid train ticket. It is stated that he fell off from the running train and expired as a result of the injuries sustained in the said accident. The Claimants stated that the deceased was a bonafide passenger and that his death was caused in an untoward incident and hence claimed compensation from railway administration.

(3.) The Respondents -Railway Administration denied that the deceased was a bonafide passenger. The Respondents further claimed that the deceased was hit by an unknown train while he was crossing the railway track between Govandi and Mankhurd. The Respondents thus claimed that the death of Babulal Bind was not in an untoward incident therefore denied its liability to pay any compensation.