MAYARUN BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Talukdar, learned counsel for the appellants. Also heard Mr. B. Sharma, learned Standing Counsel, NF Railway.

(2.) This is an appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dtd. 22/5/2019, passed by the learned Member, Railway Claims Tribunal, Guwahati in Claim Application No. O.A. IIu18/2015.

(3.) The brief facts leading to his appeal is that on 18/12/2014, the deceased Fakaruddin Ali was coming from NJP to Guwahati Railway Station by UP Kanchanjanga Express Train with a valid Railway Ticket No. G-44992001. On the way when the said Train reached in between Falakata and Gumanihat Railway Station, the deceased accidentally fell down from the said running train due to heavy rush and commotion of passenger and died on the spot. In this connection, the police registered a case being NCB GRPS U/D Case No. 49/2014, dtd. 19/12/2014, and Post Mortem of the dead body was conducted in M.J.N. Hospital, Cooch Behar. The appellants, as applicants, had filed a claim application before the Railway Claims Tribunal, Guwahati claiming compensation for the death of their son Fakaruddin Ali due to railway accident and the said case was registered as Claim Application No. O.A. IIu-18/2015. But, vide judgment and order dt. 22/5/2019, the said application was dismissed by the learned Member, Railway Claims Tribunal.