MINA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant and the respondent and perused the record.

(2.) This is the claimant's Misc. Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the Judgment/Order dated 29-7-2011 passed in Claim Application No. OA 00049 of 2002, whereby the Member (Technical), Railway Claims Tribunal, Patna (hereinafter referred to as "the Tribunal") dismissed the aforesaid claim application.

(3.) The brief facts of the case is that Naresh Sah, husband of the applicant-appellant was coming to Mokama from Deoghar on 18-7-2001 boarding at Train No. 3111 UP Lal Kila Express after purchasing the valid ticket bearing Ticket No. 11131 along with villagers, Ramswaroop Sao, Mahendra Sao, Krishna Devi and others. In the way, in between Daudpur Halt and Gidhaur Railway station, the train dashed with Tata Sumo bearing Registration No. BR-IP-4786, which was standing on the Railway Track. Naresh Sah, who was standing near the gate inside the compartment, due to heavy rush in the compartment, accidentally fell down from the running train as a result of which he died on the spot regarding which, on the basis of the written statement of Section Engineer, Rail Track, Easterm Railway, Jhajha, Jhajha G.R.P.S. Case No. 0018 dated 18-7-2001 was instituted. Thereafter, the information regarding the death of the deceased was sent to the family members of the deceased, inquest report of the dead body of the deceased was prepared and the dead body of the deceased was sent for post-mortem examination to Sadar Hospital, Jamui.