(1.) With consent matter is heard finally. Challenge in this appeal under Section 23 of the Railways Claims Tribunal Act 1987, is to a judgment dated 26.4.2010 passed in Original Application No.34/2006.
(2.) Rita Devi while travelling from Suryawa to Kalyan in Kashi Express No.1028 died on 14.2.2005 due to injuries sustained being run over by the train near Itarsi Station.
(3.) Appellant husband of the deceased, filed a claim application before Railway Claims Tribunal for compensation of Rupees Four Lacs. Relevant facts borne out from record are that deceased was travelling with valid second class mail express ticket on Train No.1028 Kashi Express and because of the crowd in the compartment she fell down from the running train in the night near Itarsi Railway Station and was run over by another train on up track near Poll No.743/24 -26 between Itarsi Railway Station and "C" Cabin Mehragaon she succumbed to the injuries sustained.