SHAKUNTALA SHOW Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is at the instance of the claimants in a proceeding under Section 16 of the Railway Claims Tribunal Act, 1987 and is directed against a judgment and order dated 17th August, 1999 passed by Railway Claims Tribunal, Calcutta Bench in Claim Application No. A/1585/98, thereby dismissing the said application on the ground that it has not been established that the deceased Ram Bilas Show was a bona fide passenger within the meaning of Section 124-A of the Indian Railways Act, 1989 as amended in 1994 and as such the claimants as his dependants were not entitled to any compensation.

(2.) Being dissatisfied, the claimants have come up with the present appeal.

(3.) The claimants before the learned Tribunal contended that the deceased was working as a Cabin Man under the Railway Administration and his work spot was at Balgone. After his duty was over on 1.4.1998, he left Balgone Railway Station for returning to his Railway quarters at Saktigarh. At Burdwan Railway Station, he boarded Burdwan-Howrah Local (Chord) No. C/282 Dn. When the said train reached Saktigarh Railway Station, he accidentally fell down on platform No. 3 (Down Platform) due to sudden jerk and sustained multiple injuries. He was taken to Burdwan Medical College and Hospital where he succumbed to the injuries on the following day that is on 2.4.1998. According to the claimants, the deceased was travelling with Railway Pass No. 200108 when the untoward incident took place on 1.4.1998. The claimants claimed statutory compensation of Rs. 4,00,000/- on the ground that the death of the deceased was as a result of accidental fall from a running train.