JALESHWAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred by the claimant-appellant against the order dated 21st July, 2011 passed in Claim Case No. O.A. 00096 of 2000 by the Railway Claims Tribunal, Patna Bench, Patna, dismissing the claim of the appellant. This is an admitted case of the parties that the deceased mother of the claimant while returning from Suremnpur on 7.10.1999 on a train bearing No. 5217 (Pawan Express) had fallen down near Rebilganj Station and brought for treatment by the police officials at Sadar Hospital, Chhapara, wherein, she died during the course of treatment on 18.10.1999.

(2.) It is the case of the appellant that the deceased had a ticket for Chhapara Station, but since the train stopped at Rebilganj Station and the co-passengers having their destination nearer coming down from the train and, likewise, the deceased also and in that process the deceased fell down, suffered an accident, which resulted into her death and compensation for Rs. 4,00,000/- (Rupees Four Lacs) was claimed. On the other hand, the claim was disputed on two grounds:--(i) There was no scheduled stoppage of the said train at Rebilganj Station, and (ii) The deceased had no railway ticket.

(3.) To support the claim made on behalf of the claimant there is one Uday Ram (co-passenger), who claimed to purchase two tickets, one for himself and another for the deceased and handed it over to her. The possibility of loss of such ticket during accident cannot be ruled out. More so, a Division Bench of this Court in Letters Patent Appeal between "Smt. Kaushalaya Devi & Ors. vs. Union of India through General Manager, North Eastern Railway, Gorakhpur, U.P., 2008 3 PLJR 711" in paragraph-5 of the judgment has clearly held:--