2. The facts of the case are that the deceased Sh. Manoj
along with one Smt. Bindu was going from Kharawar to Daya Basti on
1.9.2014 in a Passenger Train no. 64912. It is pleaded that the
deceased had boarded the train, when due to heavy rush and jerk in the
train, he fell down from the moving train and received fatal injuries.
The subject claim petition was therefore filed seeking statutory
compensation of Rs. 4 lacs.
3. The Railway Claims Tribunal has held in para 10 of the
impugned judgment that the deceased died on account of his own
criminal negligence because the deceased had tried to board the train
when the train had picked up speed and was travelling at about 20 kms
per hour, and the train had crossed half of the platform. The deceased
had come running from the side of the ASM’s office and tried to board
the moving train. The deceased however could not board the train and
instead collided with the train. This has been specifically deposed by
Sh. Satish Kumar who was the guard of the train, and who deposed as
RW-1. This statement of the guard Sh. Satish Kumar as RW-1 of the
deceased trying to board the moving train which had left half of the
platform and having a speed of 20 kms per hour remained
unchallenged in the cross-examination. Accordingly, the Railway
Claims Tribunal in terms of this finding dismissed the claim petition.
FAO No. 562/2016 Page 2 of 8
Source: Indian Kanoon