KANCHAN DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed under the Railway Claims Tribunal Act by the claimant-appellants, praying for setting aside the award dtd. 6/9/2016 passed by the Railway Claims Tribunal in Case No. OA (IIU)/RNC/2015/0007, whereby the claim application of the claimant-appellants was dismissed.

(2.) The deceased is the husband of claimant No.1. Said Birendra Gousami @ Biru Gousain had gone to Dhanbad from Katrasgarh by passenger train on 25/10/2012. He purchased a ticket at Katrasgarh for returning to Dhanbad and was waiting for the train, but, met with an accident with the passenger train No.5334 near Poll No. KTH 5A and 6A near Katrasgarh Station. He died due to the said accident. It is alleged that the train ticket got lost after the said accident. Thus, the claim application was filed.

(3.) Respondents appeared and filed their written statement, alleging that the accident is not an untoward incident, rather it had happened due to negligence of the deceased. Accident occurred near Western Cabin of Katrasgarh near Pole No. KTH 5A and 6A where the deceased was hit by train, thus, railway is not liable to pay any compensation.