FAO No.1410 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1410 of 2010 (O&M). Decided on: May 12, 2011. Union of India. .. Appellant VERSUS Amarjeet Singh and another. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.Kulvir Narwal, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) Union of India has challenged the award passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, dated 07.09.2009, granting compensation to the claimants-respondents on account of death of Kulwant Singh, minor son of the respondents, who died in untoward incident. The Railway Claims Tribunal, . . . 1 FAO No.1410 of 2010 (O&M) Chandigarh Bench, Chandigarh, has held that the claimants- respondents have been able to establish that the deceased boarded Train No.303 Up from Kurukshetra to Dhola Majra, being a daily passenger. On account of train being overcrowded, the deceased was standing on the door but when the train reached near Dhola Majra Railway Station, he fell down from the train on the tracks due to sudden jerk. A train coming from the other side hit him, due to which he died on the spot. Counsel for the appellant has vehemently contended that the incident does not fall within the ambit of scope of Section 123 of the Railways Act, as such, the appellant is not liable to pay any compensation. Counsel for the appellant has challenged the award passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, on the ground that there are contradictions in the statements of the claimants and that there is misreading of evidence and that the death was not on account of untoward incident as defined under Section 123 of the Railways Act. I have heard the counsel for the appellant and gone through the award passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh. The Railway Claims Tribunal, Chandigarh Bench, Chandigarh, has considered the statements of claimants as well as all the evidence produced by the appellants. An attempt was made by the witnesses of the appellants to prove that no untoward incident had taken place in train No.303 Up and that no incident was informed to the Station Master by the Guard or by RW.1 . . . 2 FAO No.1410 of 2010 (O&M) or any other passenger. I have carefully gone through the statements of the claimants AW.1 Amarjeet Singh and AW.2 Angrej Singh, as recorded in the Award and also the Post-mortem Report, Death Report and other documents and I am of the opinion that the said evidence is sufficient enough to establish that the deceased had died in the untoward incident caused in the railways' accident. No ground is made out for interference in the Award passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh. Dismissed. (M.M.S.BEDI) JUDGE May 12, 2011. rka . . . 3