BHABASTOSH MALAKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.S.S. Rahman, learned counsel for the appellant. Also heard Mr. U.K. Goswami, learned Standing Counsel, N.F. Railway.

(2.) By this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, claimant has challenged the judgment and order dated 18.05.2012 passed by the learned Member (Technical) Railway Claims Tribunal, Guwahati in OA II U- 73/2010 dismissing the claim petition.

(3.) The present appellant as claimant instituted a claim in the Railway Claims Tribunal, Guwahati under Section 16 of the Railway Claims Tribunal Act, 1987 stating that his 18 years old son, Bapan Malakar boarded on Kamakhya Express on 03.02.2010 at Lumding Station and proceeded towards Guwahati but while the train approached near Barahu Railway Station he fell from the train and died on the spot. An unnatural death case was registered by GRPS of Jagiroad Police Station and investigation was held. The Officer Incharge of the GRPS Police Station, Jagiroad and Officer In-Charge of GRPS Guwahati, issued certificate stating that the son of the appellant had fallen down from the train and died on the track. However, the claimant could not produce any valid ticket or pass and no witness was examined to prove that the victim had fallen from the train. At this ground the learned Tribunal passed the impugned judgment and order on 18.05.2012 and rejected the claim holding that the victim was not a passenger within the meaning of Section 2 (29) of the Railways Act. It is this judgment which has been brought under challenge in the present appeal.