SARITA KUMARI Vs. UNION OF INDIA

JUDGEMENT

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

(2.) This Miscellaneous Appeal has been filed under Sec. 23(1) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "Act of 1987") on behalf of the applicant Savitri Devi (now deceased, represented through her legal representatives) against the judgment dtd. 16/3/2016 passed by the learned Member (Judicial), Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as the "Learned Tribunal"), in Claim Application No. OA 00052 of 2009, whereby the claim application of the applicant for payment of compensation has been dismissed.

(3.) The brief facts of the case is that the applicant Savitri Devi as dependent, filed the claim application before the Learned Tribunal for compensation of Rs.4,00,000.00 (Rupees four Lacs) along with interest on it, as her husband i.e. Upendra Kumar Verma died in an untoward incident. The applicant has mentioned in her claim application that the deceased along with his son Shashi Bhushan Prasad and grand son Suraj Kumar, on the fateful day, i.e. on 13/3/2008, after purchasing second class journey ticket bearing ticket no. 15603 boarded the train at Sohsarai Halt for Athmal Gola Station. Due to heavy rush in the General Compartment he was standing near the gate inside the Compartment. The passengers were jostling one another for space in the compartment, in the mean time the train stopped at Bakhtiyarpur Station with a sudden jerk due to which the bonafide passenger Upendra Kumar Verma got imbalanced and fell down form the moving train. The deceased died on spot in the east of Platform No. 5 at 9:45 A.M. thereafter the G.R.P. Bakhtiyarpur lodged a U.D. Case no 3/08 on 13/3/2008.