07] Learned advocate for the appellant/Railway submitted that the case in question was not an accidental fall from the train and therefore, it could not be covered under the definition of untoward incident. Learned advocate submitted that there is ample evidence to prove that the deceased got down from the train to pick up his wallet, which had fallen on the track and in the said process, he was run over by the locomotive engine, which was running on the next track. Learned advocate submitted that AW-1 was the co-passenger and at the time of recording of her statement by the police, she has admitted that the deceased got down from the train to collect his wallet, which had fallen on the track and in that process, he was run over by the train. Learned advocate, therefore, submitted that the learned Member of the Tribunal was not right in accepting the claim of the respondents. Learned advocate in support his contention placed reliance on two decisions in First Appeal No.845/2014, decided on 01.02.2016 [Ramesh s/o. Jayram Lole @ Lore and Anr. Vs. Union of India] and First Appeal No.1294/2017, decided on 03.09.2018 [Isulal S/o. Domaji Barbate and Anr. Vs. Union of India] . In the submission of learned advocate, the facts of the case on hand and the facts in these two appeals are identical.
