F.A.O. No. 3449 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. F.A.O. No. 3449 of 2011 (O&M) Date of Decision: May 16, 2011 Union of India …..Appellant Vs. Kusum Lata and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.L. Dhingra, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) Claimant- respondents have been granted compensation of ` 4 lacs on account of death of Ram Karan alongwith interest at the rate of 9% from the date of filing of the claim petition. Counsel for the appellant has contended that the death of Ram Karan is not an untoward incident as per Section 123-C of the Railways Act, 1989, as accidental falling of any passenger from train carrying passengers is an untoward incident but if a person dies while crossing a railway line, he F.A.O. No. 3449 of 2011 (O&M) [2] cannot be said to have died in an untoward accident as such his heirs are not entitled to any compensation. Counsel has relied upon Nirmala Devi and others Vs. Union of India, 2008 ACJ 2702, wherein it was held that a person crossing a railway track and having died on account of said circumstances, his death will not be covered within the definition of untoward incident. I have heard counsel for the appellant and gone through the statements of the witnesses made before the Railway Claims Tribunal with the assistance of the counsel and I am of the opinion that the case of the claimants on the very beginning was that the deceased was traveling in a train and he fell down from the train on account of jerk of the train when his body was crushed under the wheels of the train. It is neither the case of the appellant that the death of the deceased was not an untoward incident nor there is any evidence to that affect. Merely putting a suggestion to the claimants that people used to cross the railway line for reaching their homes, is not sufficient enough to arrive at a conclusion that the deceased was also crossing railway line. There is not even a suggestion to that effect made to the claimants. There is no ground to interfere in the award passed by the Railway Claims Tribunal. Dismissed. Judgment cited by counsel for the appellant is not applicable to the facts of this case. May 16, 2011 (M.M.S.BEDI) sanjay JUDGE F.A.O. No. 3449 of 2011 (O&M) [3]