RAM DULARI DEVI Vs. UNION OF IINDIA

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) The appellant has preferred this Misc. Appeal against the judgment dtd. 17/5/2012 passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench in Case No.OA (IIU)/RNC/2010/0082, whereby claim application of the applicants/claimants has been dismissed by the learned Tribunal on the ground that deceased (Kameshwar Singh) was not a bonafide passenger and the deadbody recovered was of an unidentified male, aged about 45 years as per postmortem, who was run over by some train, whereas the claim application filed by the claimants with regard to the deceased aged about 72 years.

(3.) Ms. Chaitali Chatterjee Sinha, learned counsel for the appellant/claimant has submitted that deceased (Kameshwar Singh), husband of the applicant No.1 and father of applicant Nos.2 to 6, boarded train at Ranchi for going to Barkakana on 29/7/2008, after purchasing and having a valid second class ticket from Ranchi to Ankorha, as the deceased has to board Train No.627 (Barkakana -Mughalsarai Passenger) at Barkakana for going to Ankorha. There was heavy rush in the compartment. The deceased fell down because of intense jostling amongst the passengers near East Cabin between KM 389/05 and 389/07.