JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. While travelling from Burdwan Railway Station to Howrah Railway Station on 02.10.2003 in a local train one Dasarath Yadav had peeped his head out of the compartment door and his head collided with a post by the side of the railway track resulting in an accident where he lost his life. The Railway Claims Tribunal, Kolkata by its judgment and order dated 27.09.2007 found that the deceased was a bona fide railway passenger and that the incident was an “untoward incident” in terms of the provisions of Section 123 of the Railways Act, 1989 (hereinafter referred to as “the Act”). The Tribunal, however, found that the deceased was victim of his own act and as such no compensation was payable.

3. The dismissal of the Claim Petition was challenged by the respondent i.e. widow of the deceased by filing FMA No.858 of 2012 in the High Court at Calcutta.

4. The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (hereinafter referred to as “the Rules) provide for a Schedule prescribing the amount of compensation payable in respect of death and injuries. During the pendency of the matter by way of amendment, the amount of compensati