LAWS(JHAR)-2022-11-33

BIJENDRA SINGH Vs. UNION OF INDIA

Decided On November 24, 2022
BIJENDRA SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal arises out of Order and Judgment dtd. 19/8/2015, passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/ RNC/ 2013/0089, whereby and whereunder, the claim application filed by the appellants has been dismissed.

(2.) The facts as alleged in the original claim application, preferred by the claimants/appellants is that his father Sita Ram Singh @ Sita Ram@ Ram Sagar Singh, aged about 50 years, travelling by Train No.18616 Hatia-Howrah Express on 5/2/2013 and while going to the toilet fell down from running train at KM No.211/22-24. The train was crowded and was running at very high speed. The father of the claimants had a valid ticket from Tatanagar to Howrah, which could not be however, traced from the place of accident and as such, claim application was preferred for compensation of Rs.4.00 lakhs with interest from the date of filing of the claim application till payment on account of death due to untoward incident i.e., falling down from the running train.

(3.) The Respondent-Railway appeared and filed their written statement, denying therein claim of the claimants on the ground that the age of the deceased is disputed and also stated that dead body was not of the applicant's father and as such, claim was to be dismissed.