ASHARANI DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal is at the instance of a claimant in a proceeding under section 16 of the Railway Claims Tribunal Act, 1987, and is directed against an award dated 29th April, 2008, passed by the Railway Claims Tribunal, Kolkata bench, thereby dismissing the said application on the ground that the claimant failed to prove the bona fide as well as accidental fall and the resultant death of also failed to produce any eyewitness to prove the accidental fall causing death of her husband. Being dissatisfied, the claimant has come up with the present first appeal.

(2.) THE appellant before us lodged a claim under Section 16 of the Railway Claims Tribunal Act, 1987 thereby praying for compensation of Rs. 4 lakh for the death of her husband on the allegation that on 4th March, 2005 while he was travelling from Sainthia to Bolpur by Down Ganodevta Express with a valid second class ticket, he accidentally fell down from the running train between Sainthia and Bataspur and consequently, died. The application was opposed by the railway authority by filing written statement and its defence may be summed up thus:

(3.) AT the time of hearing, the claimant herself and one Bikash Das, an eyewitness of the incident, gave evidence in support of the claim, while none appeared on behalf of the Railway authority to controvert the evidence given by those two witnesses.