MINU MAI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred under section 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order dated 13.8.1999, passed by the Railway Claims Tribunal, Guwahati Bench, dismissing the Application No. 1 of 1998 preferred by the appellant for award of compensation on account of death of her husband Bhuben Nath, Constable No. 184 of Hojai G.R.P. Outpost.

(2.) We have heard Mr. D.C. Kath Hazarika, learned counsel for the appellant and Mr. 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 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 run over by the train. He died at the spot.