NAGINA DEVI JAIN NAHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Alam, learned Counsel of the appellant. Also heard Dr. B. N. Gogoi learned Standing Counsel for the respondent, Railways.

(2.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and order dated 22/03/2012 passed by the learned Railway Claims Tribunal, Gauhati Bench, Guwahati in claim application no. O.A-II-30/2010 (Old) : claim application no. O.A (IIu) /GHY/2010/0205 (New) , whereby the claim petition of the appellant was dismissed.

(3.) The case in brief in the claim petition filed by the appellant was that on 08/09/2009 at about 30 AM, the deceased Ajay Kumar Jain alongwith his wife Nagina Jain and mother Anachi Devi Jain were travelling by train no. 5609 Avadh Assam Express from Guwahati to Katihar and near the river bridge in between Chaprakata and Bongaigaon Railway Station, the deceased fell down from the train and died on spot. The body was day after taken to Bongaigaon Hospital for post mortem examination and in view of the said untoward incident, the Bongaigaon GRPS had registered a case, being Bongaigaon GRPS U/D Case No. 71/2009 dated 08/09/2009. The appellant had submitted a copy of the Ejahar, FIR, Post mortem report, copy of E-ticket vide PNR no. 6231924359 and Police Report and prayed for compensation of 16 Lakh for accidental death of her husband in a railway untoward accident.