MOST. TAREGNA DEVI Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Appellant/Claimant being aggrieved by and dissatisfied with the judgment/order dated 31.12.2012 passed by the Member, Technical, Railway Claims Tribunal, Patna Bench in Claim Case No.OA 00355/2002 whereby and whereunder dismissed the claim petition, filed instant appeal.

(2.) Deceased Girija Prasad Singh, a police constable, posted at police line, Mohania was directed to go to Dehri on 17.06.2002 and for that, Kaman No.687996 was issued. He boarded 302 Dn. Varanashi -Asansol Passengers Train at Bhabhua Road Railway Station in way to Dehri, unfortunately fallen down from the running train near Pasauli Railway Station due to push and pull as well as, jostling on account of heavy rush and died at the spot. The matter was reported to the railway police whereupon Bhabhua Rail Police (UD) Case no.14/2002 was registered followed with investigation and completed by way of filing police report. Accordingly, claim petition was filed by the appellant/claimant (wife).

(3.) Respondent/O.P. appeared and filed W.S. wherein, apart from ornamental objection, also raised dispute over status of deceased being bonafide passenger. Furthermore, also disputed death of deceased on 17.06.2002 as well as under untoward incident. It has also been pleaded that unless and until the appellant/claimant substantiate her plea, the O.P. railway could not be saddled with the liability.