Shyam Narayan & Ors vs Union Of India on 31 May, 2017

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