(1.) Heard Mr. Sunil Kumar, learned counsel appearing for the appellant and Mr. Amritansh Vats, learned counsel appearing for the sole- respondent.
(2.) This appeal has been filed challenging the validity and legality of the judgment dtd. 23/8/2013, passed by the Railway Claims Tribunal, Ranchi Bench, Ranchi, in Case No. TAU/RNC/2005/2017, whereby and whereunder the claim was decreed to the tune of Rs.4,00,000.00, out of which, Rs.1, 00,000.00 was to be paid to Divynashu Gupta, as he is in custody of the applicant Sanjay Kumar Gupta and the rest amount of Rs.3,00,000.00 may be kept in the fixed deposit for five years on monthly interest scheme for taking care of the monthly expenses of the applicant / respondent.
(3.) The claim application was originally filed by Anjali Gupta, wife of Vijay Kumar Gupta (deceased). Subsequently, by way of amendment petition and in view of the fact that said Anjali Gupta was no longer interest in claim, the said claim was given to her brother-in-law (Sanjay Kumar Gupta) and her son Divyanshu Gupta, as the said Anjali Gupta remarried and her daughter is in her custody and her son Divyanshu Gupta is in the care of Sanjay Kumar Gupta (her elder brother- in-law). It was averred in the claim that deceased Vijay Kumar Gupta, was travelling by Utkal Express (Train No. 8477 UP) on 12/9/2004 from Tata Nagar to Rourkela and he fell down from the running train at Sini Station between PF-2 and Pole No. 276/11A and was cut into two pieces and died at the spot.