JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mrs. Chaitali C. Sinha, the learned counsel appearing on behalf of the appellant and Mr. Akash Deep, the learned counsel appearing on behalf of the sole respondent/Union of India.

2. This appeal is directed against the order dated 18.03.2015 passed by learned Railway Claims Tribunal, Ranchi Bench in Case No. OA (IIU) RNC/2012/0053 in an application under section 16 of the Railway Claims Tribunal Act, 1987 which has been rejected by the said learned Tribunal.

3. Mrs. Sinha, the learned counsel appearing on behalf of the appellant submits that the deceased namely, Laxman Saw on 09.07.2012 after purchasing a valid 2nd class ordinary ticket bearing No. 044264412-ex-Baidyanath Dham to Gaya reached Jhajha by train. He then boarded from Jhajha Train No. 5233 UP Kolkata-Darbhanga Express for going to Kiul from where he was to board another train for going to Gaya Jn. There was a rush in the compartment and when the train was approaching Kiul Jn. he reached near the gate of the compartment to get down. However, due to jostling amongst the passenger he fell down from the moving train at Kiul Jn. and sustained serious injuries and died during treatment at Railway Hospital, Kiul. She submits that the claim application was filed before the learned Tribunal. She submits that the learned Tribunal has rejected the claim of the claimant vide the judgment dated 18.03.2015 and aggrieved with that, the present appeal has been filed. She further submits that a U/D case No. 29 of 2012 dated 10.07.2012 was registered by Railway police at Kiul in which final form has been submitted wherein at conclusion part it was stated that the death has occurred due to accident on account of accidental fall from the said train. In the said final form it has also been reported that the police has also mentioned about recovery of ticket from the body of the deceased. She further submits that this occurred due to jostling of passengers and there was lot of rush due to Bol-Bam Yatra. She further submits that the learned Tribunal has framed the issue as to whether any “untoward incident” as defined under section 123(c)(2) of the Railways Act, 1989 occurred to him while travelling by Train No. 5233 UP Kolkata-Darbhanga Express on 09.07.2012 from Baidyanath Dham to Gaya Jn. or not? She submits that while deciding this issue, the learned Tribunal has come to the conclusion that the injury caused due to own fault of the deceased. She further submits that however, the finding with regard to the bona fide passenger is in favour of the deceased and inspite of that, the learned Tribunal has rejected the claim of the claimant. According to her, the learned Tribunal has wrongly framed the issue with regard to section 123(c)(2) of the Railways Act, 1989. She further submits that the case of the petitioner is fully covered under section 124-A of the Act itself. According to her, only exception mentioned in proviso to section 124-A of the Railways Act, 1989 clauses (a) to (e) the case will not come under section 124-A of the Railways Act, 1989. On these ground, she submits that the judgment of the learned Tribunal is fit to be interfered with as a bonafide passenger death has occurred.

4. On the other hand, Mr. Akash Deep, the learned counsel appearing on behalf of the respondent/Railways submits that the learned Tribunal has rightly appreciated the facts as well as the witnesses and the relevant documents and thereafter it has passed the order. He submits that when the train was not being stopped at Kiul station and he was tried to get down there and in that view of the matter the learned Tribunal has rightly come to the conclusion that the injury which has been received by the deceased due to his own act. On this ground, he submits that there is no illegality in the judgment of the learned Tribunal.

5. In view of the submission of the learned counsels appearing on behalf of the parties, the Court has gone through the judgment of the learned Tr