RANJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) THIS is an appeal preferred against judgment dated 14th May 2009 passed by Railway Claim Tribunal, Patna Bench, Patna, in Claim Application No. OA 000118/2004, refusing the claim of the appellants seeking a sum of Rs. 4,00,000/- against death of their mother Sonamati Devi on 05.05.2004 due to rail accident in which she along with her nephew AW1 Arbind Kumar Singh had been traveling from Bhagalpur for Ara in between at Guljarbagh railway station while going to ease herself fell down from the compartment suffered injuries and subsequently succumbed during treatment a few hours thereafter at N.M.C.H. Patna.

(3.) BEFORE the Claim Tribunal apart from the documentary evidence including railway ticket two witnesses were produced on behalf of the claimant appellant, A.W.2 is claimant no. 1, who is admittedly not an eye witness, got information about the accident etc. through phone, another witness is co-passenger Arbind Kumar Singh, who stated about the manner of accident and his arrival at N.M.C.H. Patna, immediately on getting information from station authorities at Guljarbagh, since he would not came down from the train at Guljarbagh station because it was not stopped there.