ASHA KUWAR & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Though no one appears for the appellant, I have gone through the impugned judgment, as also the record of the Railway Claims Tribunal, with the assistance of the counsel for the respondent.

(2.) This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 20.12.2011 by which the Tribunal has dismissed the claim petition filed by the appellants/applicants. By the claim petition, the statutory compensation of Rs.4 lacs was claimed, on account of death of Sh. Shashi Binay Singh, husband of the appellant no.1 and father of appellant nos. 2 to 4.

(3.) The facts of the case are that the deceased Sh. Shashi Binay Singh, aged about 45 years, was travelling from Ex-Gaya to New Delhi on 15.7.2010 by Mahabodhi Express Train No. 2397 on a second class journey ticket bearing no.E-07162419. When the train stopped at Kailhat Railway Station, the deceased was trying to get down from the door of the train to urinate, and at that point of time he got caught up in the whiff of the fast moving Rajdhani Express train in the adjoining track, and consequently he was hit by the train which resulted in grevious injuries causing his death.