RAMESWARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri D.C. Kath Hazarika, counsel for the petitioner and Mrs. B. Devi, counsel for the NF Railway, appearing on behalf of the respondent.

(2.) One Ranjan Narzary, who was travelling along with his sister-in-law by the 769 up Passenger train from Khairabari to Udalguri by on 15-09-2009. The said Ranjan Narzary accidently fell down from the train and died. The mother has filed the petition seeking compensation. The Tribunal has found that the death of Ranjan Narzary was on account of accident as defined under the Railways Act, but dismissed the claim petition on the ground that there is no material to show that the claimant/mother is the dependant and she is eligible to seek compensation under Sec. 123 of the Railways Act, 1989. The provisions of Sec. 123 (b) are extracted below:

(3.) In the instant case there is no evidence that the claimant is dependant and also that the deceased is a bachelor. There is no material either to suggest that the deceased was unmarried and accordingly dismissed the petition, hence, this appeal.