MINU MAI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred under Section 23 of the Railways Claims Tribunal Act, 1987 against the JUDGMENT & ORDER dated 13.8.99 passed by the Railway Claims Tribunal, Guwahati Bench dismissing the application No. 1/98 preferred by the appellant for award of compensation on account of death of her husband Bhaben Nath, Constable No. 184 of Hojai G.R.P. Outpost.

(2.) We have heard Shri D.C. Kath Hazarika, learned counsel for the appellant and Shri B.K. Sharma, learned counsel for the respondent.

(3.) The brief facts which do not seem to be in dispute are that the husband of the appellant, Bhuben Nath was a Constable No. 184 in the G.R.P., posted at Outpost Hojai. On the fateful day he was detailed for duty to check suspicious luggage of passengers at Hojai Railway Station and in connection thereof a Command Certificate was issued to him on 2.1.98. At about 9.15 P.M. when the Inter- City express arrived at Hojai Railway Station, he fell down from the train due to heavy rush of passengers, in the meantime the train moved and he was ran over by the train. He died at the spot.