MAHENDRA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the order dated 02.08.2013, passed by Railway Claims Tribunal, Ranchi in case of OA (IIU)/ RNC/2011/0026, whereby the learned Tribunal has dismissed the claim of Rs.4.00 lakh (Rupees four lakhs only) along with interest from the date of filing, on account of death of appellant's son, who died in an untoward incident as defined in Section 123 (C) (2) of the Railways Act, 1989.

(3.) Facts of the case in short is that on 29.01.2008, Binay Yadav after purchasing a valid ticke from Mirjachowki to Sahebganj boarded Burdwan local passenger. When the train reached at Rusky Halt, he tried to come-out from the train for drinking water but due to heavy rush in the train, fell down from the train and came under the wheels of the train and suddenly without horn the train started running and as a result, of which, he died on the spot. Thereafter, on getting information regarding the death of the deceased, Binay Yadav, from his friend, the father of the deceased came at the place of incident and thereafter, an F.I.R. was lodged on 30.01.2008 at Rail Thana, Sahibganj vide Sahibganj Rail Thana U.D. Case No. 3 of 2008. It is the further case of the Claimant that at the time of death, the deceased was aged about 30 years and was working as a Milk Seller and earning Rs.7000/- per month.