LAWS(PAT)-2007-4-62

MADHO DEVI Vs. UNION OF INDIA

Decided On April 30, 2007
Madho Devi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.4.2004 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. OA -9800/2004 whereby and whereunder it has dismissed the claim of the applicant for compensation on account of death of Gopal Roy, a passenger in an untoward incident.

(2.) THE case of the appellant is that the deceased Gopal Roy was her husband. On 21.11.1997 he was going from Goroul Railway Station to Hajipur Railway Station by 515 Up Muzaffarpur -Sonpur passenger when due to heavy rush and jerk in the train he fell down from the compartment and died on the spot. He was a bona fide passenger having a valid 2nd class ticket. The appellant, hence, claimed in her application from the Tribunal a compensation of Rs. 4 lacs on account of the death of her husband by filing an application with copy of the post mortem report.

(3.) THE Tribunal after considering the affidavits filed on behalf of the appellant held that the deceased was a bona fide passenger but further held that the case does not fall within the meaning of 'untoward incident ' as defined under section 123(c) and that there was no negligence on the part of the Railway Administration. It, accordingly, by the impugned order dismissed the claim