UTTAM DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the respondent.

(2.) The instant appeal has been filed for setting aside the impugned judgment dtd. 27/11/2018 passed in Review Application No. 130 of 2018 by the learned Railway Claim Tribunal, Patna (hereinafter referred to as 'R.C.T.") whereby and where under the aforesaid review application filed by the respondent Railway at belated stage to reduce the rate of awarded interest on awarded compensation amount based on old rate on the basis of decision rendered by the Hon'ble Apex Court in Tahazathe Purayil Sarabi and Ors. v. U.O.I reported in 2009 ACJ 2444 has been allowed.

(3.) The brief facts, as alleged in the main original application, are that on 20/7/2009, Shri Rajkumar Gupta @ Raju Sah (husband of the applicant) (hereinafter referred as deceased) along with his co-passenger Shri Gopal Sah after purchasing a valid second class train-ticket, from Anugrah Narayan Road Railway Station for going to destination point at Dehri-on-Sone Junction, had boarded the train No. 741 Up (Gaya-Mughalsarai Fast Passenger train) at Anugrah Narayan Road Railway Station. It is alleged that there was heavy rush of passengers in the general compartment of the train. Therefore, he was forced to travel by standing near the gate inside the coach of the train. It is alleged that due to sudden jerk of the train coupled with intense jostling of passenger, he could not maintain his balance and he had accidentally fallen down from the running train between Chiraila Pothu Halt and Sone-Nagar Junction.