KUNTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant is aggrieved by the order dated 18.12.2008 passed by Railway Claims Tribunal, Patna Bench by which he has refused compensation to the appellant for the alleged incident in which her son lost his life vide O.A. No. 000188/2004. THE claimant filed a claim petition stating therein that her son had boarded Patna-Ara-Mokama, Passenger on 23.12.2003 but on account of sudden push from the passengers alighting from the bogey he lost his balance and fell off near the toilet of the Railway Station and sustained injuries on account of which he died. During the hearing of the claimant's application for compensation, the inquest report, the U.D. Case report and the final report and also the evidence of two examined witnesses on her petition were brought on record. On going through the inquest report, I find that no doubt it has been stated that the deceased had died on account of falling off from the train but that is merely a speculation which has been raised by the Investigating Officer since no one has come to depose before the Tribunal that the deceased had fallen off from the train on account of some push of the passengers. THE U.D. Case also does not help the appellant. Interestingly, the post-mortem examination report noted some injuries sustained by the deceased but it concluded that death could not have occurred on account of such injuries and, therefore, sent the viscera for examination. THE Investigating Officer thereafter submitted charge-sheet in the matter stating therein that the deceased had died on account of injuries sustained by him which was totally contrary to the medical opinion. This was the quality of documentary evidence brought on record by the appellant. As for the oral evidence the appellant examined herself as A.W. 1 but she was not an eye-witness so she could not possibly have taken her case within the purview of 'untoward accident'. A.W. 2 was merely on the point that the deceased was holder of a valid ticket but merely the fact that the deceased was traveling as a 'bona fide' passenger would not entitle the claimant to compensation. In view of such, the Railway Claims Tribunal rightly held that the appellant could not make out a valid case for compensation. This appeal is dismissed.