JUDGMENT :

The present appeal is against the judgment of Railway Claims Tribunal, Nagpur in Case No. OA (IIu)/NGP/2014/0152.

2. The appellant was travelling on 2552014 along with her husband and one friend with a valid railway ticket. They boarded at Itwari and going to Tumsar by Passenger Train No. 58206. There was heavy rush in the train. At the time of alighting, due to heavy rush, they could not alight from the train on platform side, so they decided to alight on offside of the platform. The applicant's husband alighted first. While the applicant was alighting, she fell down from the running train. Her both legs came under the wheel and sustained injuries. Therefore, claim application was filed.

3. The respondent – railway appeared before the Tribunal and filed their objection. As per the contentions of the respondent, claimant/appellant is not entitled for claim under exception to Section 124A of the Railways Act. Learned Tribunal relied on the defence and came to the conclusion that the appellant tried to alight from the off side when the train was running and, therefore, she is not entitled for any compensation from the respondent and dismissed the claim petition. Hence, the pr