AMARESWAR MALLIK Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved by order passed by the learned Member (Technical), Railway Claims Tribunal, Bhubaneswar dated 20.10.2011 dismissing the Case No. OA/91/2004, the appellant (applicant No. 1 before the learned Tribunal) has preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987.

(2.) The present appellant and his deceased wife filed a claim application claiming that their son, namely, late Binod Kumar Mallik was a bona fide passenger of Puri-Okha Express train bearing No. 8402 starting his journey from Surat Railway Station. When the train was passing Sakhigopal Railway Station, due to a sudden jerk, he slipped down from the train and sustained fatal injuries on 15.11.1996. On 16.11.1996 Sakhigopal GRP registered a case, held inquest over the dead body and submitted final report on 31.12.1996. It is claimed that the deceased at the time of his death was aged about 22. It is also claimed that he was a Truck driver and used to earn Rs. 4,000/- per month. They claimed a sum of Rs. 4,00,000/- as compensation.

(3.) Learned Tribunal framed the following issues: