BIJALI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 23(1) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "the Act") is directed against the judgment and order dated 5.3.2009 passed by the Railway Claims Tribunal, Patna Bench, Patna in Claim Case No.O.A. 9900038 filed by the claimant who is the appellant before this Court, whereby the claim case was dismissed.

(2.) The facts of the matter briefly stated are that the husband of the claimant, namely, Sadanand Mahto while travelling from Araria court to Delhi fell down from the train at the Gadhbaneli railway station on 31.1.1997 and was seriously injured.

(3.) He was taken to the Sadar Hospital, Purnea where he died during the course of treatment on 5.2.1997. A case of unnatural death was registered by the G.R.P., Purnea on the basis of the statement given by Ram Prasad Mahto, the father of the deceased at the Sadar Hospital, Purnea giving rise to U.D. Case No.2 of 1997. The registration of the case was followed by an inquest report and the postmortem report. The police after completing investigation into the matter submitted his final report on 23.2.1997. The sequence of events discussed above is matters on record. A claim case was set up by the widow of the deceased, namely, Bijali Devi which was filed on 5.3.1998 and was registered as O.A. 9900038 before the Railway Claims Tribunal, Patna Bench, Patna.