MOCBI BISOYI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 30th November, 2011 passed by the Member (Technical), Railway Claims Tribunal, Bhubaneswar Bench (for short 'the Tribunal') rejecting claim application bearing Case No. OA/71/2008. Appellant-claimants filed the claim application claiming compensation of Rs. 4,00,000 along with interest and cost on account of death of deceased Maheswar Bisoyi (for short 'the deceased')- Claimants are wife (A.W.1) and minor children of the deceased respectively.

(2.) Claimants' case is that on 4th January, 2008 the deceased purchased valid ticket to travel from Bhubaneswar to Jammu Tawi. He along with three companions boarded the Purushottam Express from Bhubaneswar and reached New Delhi on 6th January, 2008. On the same day the deceased and his companions boarded the Malwa Express from New Delhi station to go to Jammu Tawi. Around 1.30 a.m. on 7th January, 2008 the deceased went to the toilet, but did not return back to his seat. On 8th January, 2008 at Jammu Tawi railway station, deceased's companions got information that a man had fallen down from Malwa Express and died near Kathua railway station. His dead body was kept by police in mortuary. A.W.2, one of his companions, went there and identified the dead body of the deceased. Police case was instituted and inquiry was conducted in connection with deceased's death. Claimants filed the claim application claiming that they are entitled to get compensation as the deceased died due to an untoward incident within the meaning of Section 123(c) of the Railways Act, 1989 (for short 'the Act').

(3.) In order to substantiate the claim, claimants examined the deceased's wife as A.W.1 and one of the co-passengers as A.W.2. Also, Daily Diaries dated 7th January, 2008 and 9th January, 2008 prepared in course of inquiry in the police case as well as the train ticket of the deceased along with English translation of Daily Diaries were relied upon by the claimants. No evidence was adduced by the Railway Administration.