MANORAMA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The claimant-appellant filed an application before the Railway Claims Tribunal, Bhubaneswar under section 16 of the Railway Claims Tribunal Act, 1987 for award of compensation on account of death of her husband-Batakrushna Nath, who died on 26.08.2000 at Kapilas Road Railway Station. The Tribunal having rejected such application by order dated 02.03.2006 passed in O.A. No.31 of 2001, the appellant has preferred the present appeal.

(2.) The appellant s case before the Tribunal was that the deceased came to Kapilas Road Railway Station to proceed to Cuttack for business purpose. He purchased a ticket bearing no.33834 at about 6.45 A.M. on the fateful day and waited for the arrival of the train. As the train was getting delayed, he made enquires and was told that the train was running late. The train arrived 25 minutes late and was expected to leave after five minutes. But, it again got delayed in the said Railway Station allegedly for some electrical problems. The deceased was at the door of the compartment to board the same. He was trying to get inside and he came in contact with naked electric wire and was electrocuted, as a result of which, he sustained burn injuries and was thrown outside the bogie due to the electric shock. On account of the hue and cry raised by the passengers, the train stopped after 100 meters. The deceased was taken to SCB Medical Collect and Hospital, Cuttack by the GRP and was declared dead.

(3.) The railway authorities filed their written statement before the Tribunal denying the assertions made in the claim application and, inter alia, stating that the deceased was not a bona fide passenger of any running train carrying passengers and the alleged accident does not come under the purview of untoward incident . It was further stated that on 26.08.2000 at about 6 A.M. one person died outside the platform no.4near the board showing the name of the station due to the electric shock from a electric pole and the brother of the deceased has submitted an F.I.R. with the GRP to that effect. The Booking Office at Kapilas Road Station is on Platform No.1. There is no electrical system as well as electrical multiple unit train at this station. Thus, it was pleaded that the claimant has made a false allegation of electrocution inside the compartment.