SAROWARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 23.10.2008 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125 of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that the appellant could not prove the death of her husband Jamun Sada as a bonafide passenger of the train.

(2.) The appellant filed an application for compensation on the ground of death of her husband Jamun Sada due to train accident while he was travelling from Madhubani to Rajendra Pul Station as a bonafide passenger to attend Murna of his nephew at Gangaghat but he fell down from Train No. 134 down (Dhuliyan) at Simaria Railway station on 11.2.1998 due to jostling by heavy rush of passenger. Soon thereafter the deceased was rushed to Sadar Hospital Begusarai where the doctor declared him dead and he was brought back to Simaria railway station where the inquest report was prepared by Barauni railway police station. Dead body challan was prepared by Barauni Rail police and the dead body was sent to Sadar Hospital, Begusarai along with Constable Manoj Kumar, Afjal Ansari, and Bijli Sada informant of G.R.P.S. UD Case No. 2 of 1998 dated 11.2.1998, where the post-mortem was held.

(3.) The respondent filed written statement and additional written statement stating therein that the claim petition is not maintainable and it does not come within the purview of Section 123 C of Railways Act. The Railway has not made any negligence. The deceased was not a bona fide passenger and no ticket was produced by the appellant. The appellant has not been able to prove that she is the wife of the deceased. Somewhere, it is mentioned that the occurrence has taken place at Simariya Station and somewhere it has been mentioned that the occurrence has taken place at Rajendra Pul Station.