A CHAIN PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment by which nil award has been passed by the Railway Claims Tribunal, Bhubaneswar in O.A. No. 150 of 2005. An application for compensation was filed by Shri A. Chain Patra and his wife Smt. A. Sibalaxmi Patra for the accidental death of their son against the railways. During pendency of the case, on account of death of the mother of the deceased, Shri A.Rajat Kumar Patra was substituted in her place.

(2.) THE case made out by the claimants -appellants in their claim application was that on 18.10.2004, the deceased A. Prabhat Kumar Patra after purchasing a general class railway ticket was travelling from Bhubaneswar to Berhampur Railway Station by Bhubaneswar -Palasa Train. He accidentally fell down from the running train near North Cabin of Balugaon Railway Station and sustained injuries to which he succumbed instantaneously for which a U.D. Case bearing No. 07 of 2004 dated 19.10.2004 was registered by the GRP, Nirakarpur. Post -mortem was conducted on the body of the deceased at M.K.C.G. Medical College, Berhampur. On receiving the notice, the respondent -East Coast Railway filed its written statement challenging the maintainability of the case and denying that the deceased accidentally fell down from the train on the alleged date and place. It was further pleaded by it that the said incident does not come under untoward incident in terms of the provisions of Section 123 (c) of the Railways Act. It also contended that the deceased was not a bona fide passenger and prayed for dismissal of the claim application.

(3.) THE Tribunal, on the respective pleadings of the parties, framed issues and the parties led evidence both oral and documentary in support of their respective cases. The issues framed by the Tribunal are as follows: