SUREKHA BISWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Mohapatra, learned counsel for the Appellants-claimants and Ms. S. Patra, learned C.G.C. for Union of India-Respondent.

(2.) Present appeal by the claimants, who are the wife and daughters of the deceased namely Abhimanyu Biswal, is directed against judgment dtd. 2/12/2014 of Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, passed in Case No.OA/IIu/ BBS2008/0065, wherein learned Tribunal has refused to grant any compensation by disbelieving the case of the claimants.

(3.) The sole point falls for determination is that, whether the deceased was a bonafide passenger of Visakha Express at the time of accident or he was a trespasser to the railway track ? According to the claimants, the deceased was travelling from Bhubaneswar to Berhampur in Visakha Express Train No.7015 and he fell at the level crossing due to sudden jerk one kilometer before Berhampur Railway Station. According to the Railways, the deceased trespassed to Up railway track at the level crossing despite long whistle blow of the train and this fact was reported by the loco pilot and train guard to the Station Manager in writing.