DOLLY BANERJEE 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 and is directed against an award dated 30th June, 2003, passed by the Railway claims Tribunal, Kolkata Bench, in Claim Application No. A/1372 of 2000, thereby rejecting the claim-petition on the ground that the victim was not a bona fide passenger of the train at the time of happening of the untoward incident and as such, was not entitled to claim any amount of compensation.

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

(3.) THE appellant before us filed an application under Section 16 of the Railway Claims Tribunal Act thereby claiming compensation for the death of her husband on the allegation that on 20th August, 1999 at about 16. 50 hours the victim, namely, Sunil Banerjee, while returning back by 455 Up, a local train, to his home, fell down from the running train due to overcrowd in the compartment at Gobra Railway Station. As a result, he received injury on his head and was removed first to Chanditola Rural hospital by the co-passengers of the train, and thereafter, was shifted to the Medical College and Hospital at Calcutta where he succumbed to his injuries on the same day at about 21. 30 hours. According to the claimant, the victim had a valid monthly ticket being monthly ticket No. 5044 Ex : gobra to Howrah. In support of the claim made in the said application, the medical certificate certifying death, the injury report, the post-mortem report, the monthly ticket held by the victim and the police reports were submitted.