SUCHITRA AS (ASH) Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is against the judgment and order dated 8.7.2008 passed by Railway Claims Tribunal, Kolkata Bench in claim application No. U/252/2005 under Section 124-A of the Railways Act, 1989 dismissing the claim case.

(2.) The Tribunal dismissed the claim case on the ground that it was not a case of "untoward incident", but a case of 'run over'. The deceased was not a bone fide passenger.

(3.) The appellant felt aggrieved with the decision reached by the Railways Claims Tribunal, and preferred the instant appeal. The Tribunal while dismissing the claim application considered each of the circumstances, germane to the incident and proceeded to disbelieve the evidence of two witnesses examined so far as in this case.