BHAGMATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has preferred this appeal against the order dated 26.9.2008 passed by the learned Railway Claims Tribunal, Patna in Claim Case No. O A 00111/2004 by which the claim petition has been rejected.

(2.) The case of the claimant, in brief, is that Gauri Shankar Raut, the husband of the claimant purchased a second class passenger ticket from Motihari Court to Raxaul on 27.8.2003 and boarded in Train No. 525 UP at Motihari Court Station. The train was overcrowed, anyhow the deceased could get inside the train but due to heavy rush and jostling of passengers, the deceased fell down from the train between Motihari Court Railway Gate No. 159 and 159(A) on 27.8.2003 and received grievous injury due to accident and died on the spot.

(3.) The appellant filed claim case for getting compensation due to accidental death of her husband. The railway-respondent appeared in the claim case and contested the case. It was pleaded by the railway that the deceased was not a bona fide passenger because no travelling ticket was recovered from the possession of the deceased. During inquest the identity of the deceased was also not disclosed in the memo of ASM, Motihari, as such the claim of the appellant comes under the purview of Section 124 A (b) and (c) of the Railway Claims Tribunal Act, 1987 instead of Section 123 (c). In support of the claim, the appellant adduced documentary evidence as well as oral evidence. No evidence was adduced on behalf of the railway.