The respondent has alleged that the applicants are not entitled to any compensation as the deceased died due to his own negligence and had brought on himself the terrible consequences of his own reckless act. As proof of the averment, ironically, the respondent has used a document, Ex.AW1/12 that was brought on record by the applicants. This (Ex. AW1/12) is a statement given to the police by Shri Kailash Kumar Goshwami who had accompanied the deceased. This statement was recorded immediately after the mis-hap and there is no reason to suspect the contents of the statement being tampered or manipulated by the police in any way. In this statement Shri Goshwami has stated that the deceased was leaning outside the coach and did not notice the pole against which he struck his head resulting in his instant death. This clearly shows that the deceased had imperilled his life by leaning outside the coach door. As a matter of fact, according to Section 156 of the Railways Act any passenger travelling on the step of footboard of any carriage is punishable with imprisonment or with fine. It would appear from the evidence on record that Shri Om Parkash was a victim of his own negligence. We do not give any credence to the subsequent statement made by the eyewitness, Shri Kailash Kumar Goshwami that at the time of the accident, he was in a disturbed state of mind and that he was not aware of what he had signed in the police report. We are of the view that his statement in the Court was clearly and afterthought and designed to counsel the fact that the deceased had brought upon himself the accident which led to his death. The evidence point to the fact that the deceased died due to a self-inflicted injury and
