ARATI BASUMATARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. M. Jain, the learned Counsel for the appellant and Ms. Mahasweta Acharyya, the learned Counsel for the respondent.

(2.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and order dated 23.01.2009, passed by the Railway Claims Tribunal, Guwahati Bench, Guwahati, in Application No. 24/2007, thereby dismissing the claim petition filed by the appellant seeking compensation on the alleged ground of death of one Rajen Basumatary in an untoward railway accident.

(3.) As per the claim petition, the said Late Rajen Basumatary, who was allegedly travelling by 613 Up BG Bongaigaon bound passenger train on 005.2006, accidentally fell down due to heavy rush of passengers and died. The respondent contested the claim petition by filing their written statement, wherein it was stated that the said deceased was run over by 613 Up BG Passenger train starter at 1/No.2. The position of the starter signal is at a distance ahead of train stopping area. No one can be cut there when the train is on movement. The railways doubted that the deceased was a bona fide passenger as his ticket was defaced and did not contain ticket number or date of journey. The respondent had submitted 4 documents, viz., (1) FIR, (2) Inquest Report, (3) Post Mortem Report, (4) Station Master's Report.