AZAD SK Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred against the judgment dtd. 10/4/2017 passed by the Railway Claims Tribunal, Kolkata Bench in Claim Application No. OA (IIU)/KOL/2013/0472 dismissing the claim application of the appellant-applicant filed under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 124-A of the Railways Act, 1989.

(2.) The brief fact of the case is that on 20/10/2013 the deceased- victim purchased one railway ticket from Jiaganj in order to proceed to Berhampur railway station. The deceased-victim on the said date boarded Down Hazarduari Express at Jiaganj railway station when the train was stationary. Further when the train started to move, the deceased-victim could not control himself and due to overcrowding pressure of the passengers, he accidentally fell down from the running train and sustained grievous injuries. Soon after the accident, the deceased-victim was taken to Murshidabad Medical College where the admission of the victim was refused and thereafter, he was taken to N.R.S Medical College & Hospital, Kolkata on 21/10/2013. Ultimately, the victim succumbed to his injuries on 29/10/2013 at about 4:50 P.M. Furthermore, a police case was also registered under Entally P.S. vide No. 1034 dtd. 30/10/2013. On account of the sudden demise of the victim, due to such untoward incident, the father of the victim filed application for compensation of Rs.4,00,000.00 together with cost and interest as sole dependent under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 124-A of the Railways Act, 1989.

(3.) In order to establish his case, the applicant examined himself as A.W.1 and produced documents which have been marked as Exhibits A/1 to A/3 respectively.