RANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the parties. 1. Claimant is in appeal against the order/ judgment passed by Member (Judicial), Railway Claims Tribunal, Ranchi, in Case No. TTu40018/04 by which the claim application filed on behalf of the appellant for the death of her husband in a railway accident, has been rejected. After the rejection of the application, appellant preferred Review Case No.REV/RNC/ 2010/0005 which was also rejected.

(2.) As per the case of the appellant, the deceased-Harish Chandra Jha was returning from Kolkata to Jasidih on 25/12/2003 on a valid ticket by Train No.3023 up Howrah ' Gaya Express. As the train bogie was overcrowded, he was standing near the gate of the compartment from which he accidentally fell down at Village Santhali and died on spot. However, U.D. case being G.R.P.S. Case No.35/2003 was registered by Railway Police Station, Jasidih and in the inquest report, it was noted that the deceased had died in the railway accident.

(3.) The claim application was rejected by the learned Tribunal mainly on the ground that in a fall from running train, head of the deceased is rarely affected and also that railway ticket was not found of his person.