RUBI KUWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 23 of the Railway Claim Tribunal Act, 1987 is directed against the order dated 20.7.2011 passed by the Member (Technical) Railway Claims Tribunal, Patna, Patna Bench, Patna in Case No. OA 00029 of 2002, whereby the claim case has been dismissed. Facts of the matter briefly stated is that on 17.11.2001 the husband of the claimant, namely, Anup Chaurasiya was to board train No. 2312 Kalka-Howrah Mail from platform No. 3 at Sasaram Railway Station. It is stated that after purchasing a journey ticket, as the husband of the claimant was proceeding towards the station alongwith his cousin brother Ajit Kumar Chaurasiya, some identified (s/c--unidentified?) persons tried to snatch his hand bag which contained the railway ticket and a sum of Rs. 40,000/-. Upon resistance being shown by the husband of the claimant, he received gun shot injuries which resulted in his death during the course of treatment. Since according to the wife of the claimant the occurrence took place within the railway precincts, hence she filed the claim case in question and which has been dismissed by the order impugned inter alia on grounds that the alleged occurrence took place beyond the railway precincts and thus the claimant was not entitled to any compensation under the provisions of the Railways Act, 1989 (hereinafter referred to as 'the Act').

(2.) The only issue thus posed before this Court is whether the alleged incident which resulted in the death of the husband of the claimant, took place within the railway precincts or beyond that. If the answer to the issue posed is in the affirmative i.e. it took place within the railway precincts then the claimant has a case in her favour and if it has taken place beyond the railway precincts then she is not entitled for any compensation.

(3.) Mr. Krishna Mohan Murari, learned counsel has appeared for the claimant as an appellant before this Court and Mr. Anil Singh learned counsel has appeared for the respondent railways.