IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.824 of 2010 BIBI FIROZI WIFE OF LATE MD. CHHEDI MIAN, RESIDENT OF VILLAGE MAULLANA CHAK, POST OFFICE TATARPUR, POLICE STATION MAJAHIDPUR, DISTRICT BHAGALPUR …. (APPLICANT IN THE RAILWAY CLAIMS TRIBUNAL) ….. APPELLANT Versus UNION OF INDIA THROUGH THE GENERAL MANAGER, EASTERN RAILWAY, KOLKATA …. (RESPONDENT IN RAILWAY CLAIMS TRIBUNAL) …… RESPONDENT ----------- For the Appellant : None For the respondent Railway : Mrs. Parul Ranjan, Advocate ---------- 4. 6.12.2010 No one appears on behalf of the appellant. However, the Counsel for the Railway Department is present and submits that the impugned judgment dated 7.8.2009 passed by the Hon’ble Member (Technical), Railway Claims Tribunal, Patna Bench, Patna in Claim Application No.0A00281 of 1999 suffers from no illegality since untoward incident as defined u/s.123C of the Railways Act, 1989 cannot be given such a wide meaning to include an accidental fall on the platform due to negligence of the claimant himself. Under the circumstances, the Railways cannot be bound to compensate the victim of such an accident. On going through the provisions of the Railways Act, I also find that the occurrence which had taken place on the railway platform could not be stretched to include in the definition of “untoward incident”. 2 In view of such, I find no merit in this appeal. The appeal is dismissed. Narendra/ ( Anjana Prakash, J. )