BANDANA MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This 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 25th January, 2008 passed by the Vice Chairman of Railway Claims Tribunal, Kolkata Bench, in Case No. U/840/ 2004 thereby dismissing the claim-application on the ground that the claimant could not prove that the victim was a passenger of the train with valid ticket or that he died due to accidental fall from a running train by adducing any evidence of the eyewitness.

(2.) Being dissatisfied, the claimant, the mother of the victim, has come up with the present appeal.

(3.) It appears from record that the appellant before us filed an application under Section 16 of the Railway Claims Tribunal Act thereby claiming compensation for the death of her son, one Chhatu Mondal, aged 16 years, by occupation student, on the allegation that on 6th May, 2002 the said Chhatu Mondal at 6 p.m. with some persons of his area was traveling Ex-Sainthia to Ahmedpur with valid second class ordinary ticket by the overcrowded 3018 Dn. Ganadevata Express and accidentally fell down from the running train in between Bataspur M/L No. 2 and 3 at KM Post No. 62/9-10 near Cabin Bataspur Signal and succumbed to his injury.