SANJULATA CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987 (in short Claims Tribunal Act) has been filed by the claimant against the judgment dated 19-10-2010 passed by the learned Member (Judicial) of Railway Claims Tribunal in OA No. 278/05 whereby her application for award of compensation has been dismissed. No exhaustive statement of facts are required to be narrated for the disposal of this appeal, since they lie in a narrow compass. Application under section 16 of the Railway Claims Tribunal has been filed by the appellant stating therein that widow of Surendra Kumar Choudhary (since deceased) was travelling on 9-7-2005 from Itarsi to Mhow by Khusinagar Express and was holding a valid second class journey ticket No. 7144740 Ex Itarsi junction to Mhow station. On account of the heavy crowd and due to heavy jerk in the train, deceased lost his balance and fell down from the compartment in between Itarsi and Pawarkheda station near 746 of pole No. 32/34. The deceased sustained umpteen and vital injuries and died at the spot on the said date. Hence the compensation has been claimed.

(2.) The written statement has been filed and the factum of death in the accident has been denied. It has been further averred by the respondent that it was not an accident as defined in section 123(c) read with section 124-A of the Railways Act, 1989 (in short Railways Act). The other averments made in the application have also been denied.

(3.) The learned Claims Tribunal after framing necessary issues and recording the evidence dismissed the claim application by the impugned order. In this manner, this appeal has been filed by the claimant.