KANDARPA KUMAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Islam, learned counsel for the appellant. I have also heard Mr. R. Sarma, learned Standing Counsel, N.F.Railway, appearing for the respondent.

(2.) This appeal is directed against the judgment and order dated 14.03.2013 passed by the learned Railway Claims Tribunal, Guwahati Bench, rejecting the Claim Application No.OA-II-57/2010 (Old) filed by the appellant seeking compensation for the death of his wife in an untoward incident while travelling as a Railway passenger.

(3.) The facts of the case giving rise to the filing of this appeal, briefly stated, are that the wife of the appellant Late Jumi Kalita being accompanied by three other passengers, viz., Herombo Kumar Das, Konkon Kalita and Kalyan Das had boarded No.706 Down Passenger Trainfrom Guwahati towards destination Bongaigaon and during the course of the journey Jumi Kalita slipped and fell out of the running train. The accident was stated to have occurred at around 7.30 p.m. due to a sudden jerk in the train which had led to the deceased losing her balance while trying to wash her face in the wash basin and she fell out of the train through the open door and sustained grievous injury which lead to her death.