UNION OF INDIA Vs. KASHINATH CHOWHAN

JUDGEMENT

(1.) The present appeal is directed against the judgment and award dtd. 25/7/2018 passed by Railway Claims Tribunal, Kolkata Bench in Claim Application No. OA (IIu)/KOL/0087/2010 granting compensation of Rs.8,00,000.00 in favour of respondent-claimant and his wife Reshmi Chowhan under Sec. 16 of Railway Claims Tribunal Act, 1989.

(2.) The brief fact of the case is that on 25/12/2009 at about 2.30 p.m. while the victim was travelling from Howrah to Uttarpara Railway Station by local train with valid second-class railway ticket, accidentally he fell down from the running train due to overcrowding pressure and sudden jerk between Belur and Bally Railway station, as a result of which he received serious head injury on his person. Immediately thereafter he was taken to Belur S.G. Hospital, wherefrom he was referred to Medical College and Hospital where he succumbed to his injuries and died on 29/12/2009. The Police authority of Bowbazar Police Station in order to investigate the incident registered one General Diary being GD Entry No. 2999 date 29/12/2009. The claimants being the parents of the victim filed application under Sec. 16 of the Act claiming compensation of Rs.4,00,000.00 together with interest.

(3.) The claimants in order to establish their case examined father of the victim and also filed documents which has been marked as Exhibits A/1 to A/7.