ABDULLA CHOUDHURY @ ABDULLA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Talukdar, learned counsel for the appellant. I have also heard Mr. G. Goswami, learned Standing counsel NF Railways.

(2.) This appeal has been filed by the claimants/appellants against the judgment dtd. 22/12/2006 passed by the learned Railway Claims Tribunal, Guwahati Bench in Claim Petition No. OA-IIU/GHY/2006/0563 (Old No.OA.II U-563/2006) whereby the claim petition was dismissed amongst others on the ground that there was no evidence to establish that the victim died due to an injury sustained while travelling in the train.

(3.) The fact of the case in brief is that on 11/6/2006, the deceased Ismail Rahman @ Ismail Rahman Choudhury was on the way to his journey from Secunderabad Railway station to his home at Assam. He was traveling by 5637 UP Summer Special Train with a valid Railway journey ticket No. 24467101 with a crowded general passenger compartment door. Then all of a sudden, the train started with a jerk and due to that impact, the deceased could not control himself and dashed with the compartment door and sustained trauma in his abdomen. That aggravated his physical health condition and consequently died on 13/6/2006 within the compartment. Accordingly, the GRPF/Guwahati registered a U/D case No.54/06 dtd. 13/6/2006. Since the deceased lost his life while travelling on the Train with a valid Railway general ticket, the appellants filed the Claim Petition before the Tribunal seeking compensation of Rs.4,00,000.00 for the death of the victim.