BHANU PRAKASH CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel representing the parties and with their consent this appeal is being finally disposed of at this stage itself. This is an appeal preferred against the order of dismissal in Claim Application No. O.A. 00037 of 2001 passed by Railway Claims Tribunal, Patna Bench, Patna, on 30th January, 2012.

(2.) THIS is the case of the applicant -appellant that his son, namely, Sharad Kumar Choudhary, boarded a train at Bhagalpur Railway Station and while travelling accidentally fell down from the said train due to heavy rush of the passengers. He, immediately, shifted to Railway Hospital, Bhagalpur, but declared dead. And, thereafter, one case of unnatural death was instituted on the report of the Railway Doctor, indicating, death of unknown male. Subsequently, on getting information, the applicant -appellant along with others arrived at and identified the body and put forward claim of Rs. 4,00,000 as compensation.

(3.) BEFORE the Claim Tribunal altogether four witnesses, including, the father of the deceased (applicant -appellant), were examined, wherein, none of them were eye -witness to the occurrence, but stated about the age and other relevant things of the deceased. Apart from the oral evidence by way of documentary evidence (Exhibits A -1 to A -4), copies of First Information Report, Memo, Final Report, Post -mortem Report, Post -mortem Certificate, Death Certificate and Case Diary, have also been produced vide Exhibits A -5 to A -11.