BERTHA BARA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants have preferred this appeal against the order dated 16.1.2008 passed by the learned Railway Claims Tribunal, Patna in Claim Application No. 0A 9800012 by which the claim application filed by the appellant no. 1, Bertha Bara, wife of the deceased Yakub Bera has been dismissed.

(2.) THE case of the applicants, in brief, is that on 24.8.1994, the deceased constable Yakub Bera was deployed to escort 421 UP (Saharsa -Mansi Passenger) by "Kaman" duly issued by Officer -in -Charge Rail Police, Mansi. As the said train began to move, some miscreatns/dacoits fired indiscriminately at Yakub Bara and as a consequence of which he fell down from the train and died on the spot. The miscreants/dacoits managed to escape with rifle and live cartridges of the deceased, Yakub Bara.

(3.) NEITHER documentary nor oral evidence has been adduced on behalf the claimants.