PRAMOD KUMAR SHARMA, SON OF LATE KAPILDEO SHARMA Vs. UNION OF INDIA REPRESENTED THROUGH GENERAL MANAGER

JUDGEMENT

(1.) Heard learned counsel for the appellant on this appeal. None turned up on behalf of the respondent to advance the argument in this case, despite repeated calls.

(2.) This miscellaneous appeal has been preferred against the order dated 29.04.2011 passed by the Member (Technical), Railway Claim Tribunal, Patna Bench, Patna (hereinafter referred to as the 'Tribunal') in Claim Application/MA No.:63/09 arising out of OA:000202/2004 whereby the learned Tribunal dismissed the claim case of the appellant.

(3.) The factual matrix of the case is that appellant filed Claim Case No.OA:000202/2004 for awarding compensation to the tune of Rs. 4 lakhs on account of death of his father, namely, Kapildeo Sharma in an untoward incident by falling from the running train with the case in succinct that on 29.04.2004 the deceased, Kapildeo Sharma along with co-passenger Shri Binod Kumar was proceeding from Patna to Ara by 511 up Patna-Buxar passenger train purchasing valid train ticket. Both of them boarded the train at Patna Junction. While the said train was about to reach at Ara Railway Station the deceased and the Binod Kumar arrived at the gate of compartment in order to alight from it and were standing at the gate inside the compartment. As there was heavy rush inside the compartment and the train stops at Ara Railway Station for a brief, there was jostling among the passengers in a bid to alight from the train first and due to the said jostling the deceased fell down from the gate near the Ara Railway Station and died on spot. The matter was reported to the police and accordingly U.D. Case No.10/2004 was registered at the Railway Police Station, Ara.