IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.247 of 2010 JAGDISH SINGH SON OF LATE MADHOO SINGH, RESIDENT OF VILLAGE KARIE, P.O. KARIE, P.S. NAUBATPUR, DISTRICT PATNA …. APPELLANT/APPLICANT Versus THE UNION OF INDIA THROUGH G.M., EASTERN RAILWAY, KOLKATA …. RESPONDENT/RESPONDENT ----------- For the Appellant : Mr. Uma Shankar, Advocate For the Respondent : Mr. Anil Singh, Railway Advocate -------- 11. 14.2.2011 The appellant is aggrieved with the order dated 21.8.2009 passed by the Railway Claims Tribunal, Patna in O.A.No.00305 of 1999, by which the appellant has been refused compensation for the death of his son. It has been submitted that while the son of the appellant was travelling on the train on 4.8.1999 the door of the passing goods train hit him, due to which he died and, therefore, it came within the definition of untoward incident and resultantly he was entitled to compensation. On going through the records of the case, I find that right from the start the claimant and the witnesses had maintained that the deceased was travelling on the foot board and, therefore, was hit with the door of the passing goods train and under the circumstances it would come within the definition given in Section 124(A)(B). Under the circumstances, since the injury was caused to the deceased by the passing goods train on account of negligent travelling, the Railways was not bound to compensate his death. - 2 - In view of such, I find no merit in the appeal. The same is dismissed. Narendra/ ( Anjana Prakash, J. )