UNION OF INDIA Vs. SAJEDA BIBI (MUSSTT.)

JUDGEMENT

(1.) An application-under Section 16 of the Railway Claims Tribunal Act, 1987 was filed by Musstt. Sajeda Bibi, the mother of the deceased Kukila Begum claiming compensation to the tune of Rs. 4,00,000/- for the death of her daughter who met her death in an untoward accident at Chautara Railway station while traveling by 704 Dn Siphung Passenger train. The brief facts of the case as set out in the application is that on 30.6.2008 while the deceased Kukila Begum was traveling with her mother with a valid journey ticket No. 25469 from Salakati Railway station to Chautara Railway station, she accidentally fell down from running 704 Dn Siphung Passenger train due to heavy rush of passenger and badly injured. She was shifted to Gossaigaon Civil Hospital for treatment where she died on the next day, i.e. on 1.7.2008. After receipt of the notice of the said claim application, the railway appeared and submitted written statement denying the alleged incident that the deceased had died due to the injury sustained by falling from 704 Dn Siphung Passenger train on 30.6.2008. They have also denied that the deceased was a bonafide passenger and prayed for dismissal of the application with cost. The Railway Claims Tribunal ('Tribunal' for short), Guwahati Bench after consideration of the evidence placed on record by the applicant has arrived at the conclusion that on the relevant date, the deceased Kukila Begum was traveling in the train with her mother after purchasing the ticket. It has been proved that the deceased was traveling from Salakati Railway station to Chautara Railway station. It has also not been seriously opposed that the 704 Dn Siphung Passenger train does not stop at the Chautara Railway station. It has been proved that the deceased was going to Chautara Railway station from Salakati Railway station and that she fell down from the train due to heavy rush of passenger and badly injured and she succumbed to her injuries on the next day, i.e. 1.7.2008 at Gossaigaon RNB Civil Hospital, which would be an untoward incident within the meaning of Section 123 of the Railways Act, 1989 ('Act' for short). With this finding, the compensation of Rs. 4,00,000/- as per schedule to Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 was awarded.

(2.) Being aggrieved with the aforesaid order of the Tribunal, the present appeal is preferred by the Railway.

(3.) Heard Ms. U. Chakraborty, learned Standing Counsel, NF Railway. Also heard Ms. D. Das, learned counsel appearing for the respondent.