JAYMALA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 12.10.2001 passed by the Railway Claims Tribunal, Kolkata Bench, in Case No. A/722/2000. The application for compensation was filed before the Railway Claims Tribunal for compensation on account of an untoward incident. The application was filed by Jaymala Das, widow of the victim, for self and on behalf of her minor daughter, Rita Kumari, who was about ten years old on the date of filing of the application. In the claim application, it was contended that the victim, namely, Jogendra Nath Das, at the time of his journey by 133 Up Howrah-Mokama Passenger, fell down from the running train on 11.11.1999 at 11.30 p.m. and sustained severe head injury. He was admitted at Serampore Walsh Hospital. As his condition deteriorated, he was shifted to S.S.K.M. Hospital, Kolkata. He succumbed to injuries on 15.11.1999. In the application it was categorically stated, in column 7, that the victim was holding a second class railway ticket bearing No. J-17052.

(2.) The claim case was registered as Case No. A/722/2000 before the Railway Claims Tribunal, Kolkata Bench.

(3.) In the written statement the railway administration, inter alia, alleged that the incident did not fall within the meaning of untoward incident as defined under the Railways Act ('the said Act of 1989' in short). It was stated that the onus to prove the claim solely lay on the applicant. It was for her to prove that the victim was a bona fide passenger of the train. The railway authorities disputed their liability to pay compensation.