GAURI SHANKAR BIND Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Amarnath Mishra, learned Counsel appearing on behalf of the appellants and Mr. Anil Singh, learned Counsel for the respondent-Union of India. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment and award dated 23rd July, 2009 passed by the Railway Claims Tribunal, Patna Bench in Claim Application Case No. OA00348 of 1999 whereby the claim filed by the applicants seeking compensation, has been dismissed.

(2.) With the consent of the parties, the matter has been taken up for disposal at the stage of admission itself.

(3.) Facts of the case as according to the claimant, is that his son Bijaya Bind aged about 28 years was travelling from Patna to Jehanabad by 3 PG Train, on 7th November, 1999 after purchasing a valid ticket. It is further the case of the claimant that as the train was approaching Northern outer signal of Jehanabad Railway Station his son fell down and died on the spot. A U.D. Case No. 30 of 1999 was registered by the Railway Police, Jehanabad on the basis of the intimation given by the Station Master. The dead body of his son was recovered from the railway track following which an inquest report was prepared and the body was sent to the Sadar Hospital, Jehanabad for post-mortem. It is the case of the claimant that having gathered knowledge about the occurrence, he went to the place of occurrence along with other villagers and after identifying the dead body by his face and his clothes, he requested the authorities for handing over the body after post-mortem for its cremation.