DOLI RANI SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The case of the appellant is that her brother, Swapan Kumar Saha, suffered a fatal fall from a moving train, (No 5658; Kanchanjanga Express) at KM 373/9, Dolma Gate on 5/9/2003, resulting in his death. The body of the deceased was recovered three days after the incident, on 8/9/2003.

(2.) The appellant filed a claim petition under Sec. 16 of the Railway Claims Tribunal Act 1987 before the Guwahati Bench of the Railway Claims Tribunal("Tribunal") seeking compensation of Rs.4,00,000.00 arising from the death of her brother. By its judgment dtd. 17/3/2009, the Tribunal dismissed the claim, concluding that the deceased was not travelling on the train. The review petition against this judgment was dismissed on 29/9/2010.

(3.) The decision of the Tribunal was assailed in first appeal before the Gauhati High Court. The High Court dismissed the first appeal by its judgment dtd. 7/1/2014 in MFA No 288 of 2010. A review petition against this judgment (bearing Review Petition No 41 of 2014) was also dismissed on 13/11/2014. The appeal arises from this judgment of the High Court.