SUGIA DEVI WIFE OF LATE CHANAK LAL YADAV, RESIDENT OF VILLAGE NATHPUR P S NARPATGANJ DISTRICT- ARARIA BIHAR Vs. UNION OF INDIA THROUGH GENERAL MANAGER NORTH EAST RAILWAY GORAKHPUR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.07.2008, passed by the Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as the `Tribunal') in Claim Case No. OA 9700256, whereby the claim for compensation for the death of the husband of the applicant of the said claim case was dismissed.

(2.) THE short fact is that the husband of the applicant while travelling by train no. 337UP (Forbesganj-Saharsa Passenger) on 18.05.1996 from Forbesganj to Narpatganj fell down from the train on account of the heavy rush of the passengers trying to detrain near the outer signal of Narpatganj Railway Station resulting into his death. After completing the necessary formalities i.e. registration of first information report, preparation of inquest report (Exhibit-A/6), post mortem report (Exhibit-A/5) and final report (Exhibit-A/3) submitted by the police, the aforesaid claim case was filed claiming compensation of rupees four lacs. THE Railway administration appeared and filed written statement, however, adduced no evidence oral or documentary save and except the affidavit of one Md. Roshan, the Inspector under Chief Commercial Manager, North East Railway, Gorakhpur (Exhibit-R), who was however not examined. THE Tribunal, upon considering the evidence adduced on behalf of the applicant oral as also documentary, dismissed the claim primarily disbelieving the evidence. THE applicant being aggrieved has preferred the present miscellaneous appeal.

(3.) THE application is accordingly disposed of with the above observations/directions.