MOST. SAMILA KHATOON Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.

(2.) IN the present case, the appellant is challenging the judgment and order dated 7th September 2009 passed by Railway Claims Tribunal, Patna in OA00 180/2004 whereby and whereunder the court below has rejected the claim of the appellant on different grounds such as the appellant could not prove that Md. Mumtaz (victim) was a bona fide passenger and Md. Najim @ Mister was a co -passenger. There is a discrepancy in the statement of claimant and the co -passenger (Md. Najim) as well as there is a contradiction in the statement/evidence of Md. Najim itself. It has also been said that an U.D. case was registered after lapse of one year itself creates a serious doubt about the claim of the accident arising from the railway journey.

(3.) IN the complaint petition, the appellant has claimed that the victim along with his friend for going to Mumbai came to Patna, purchased a ticket. In course of boarding the train, he suddenly fell down on the railway track from the running train which led to amputation of the legs of her husband and during treatment, he died.