(1.) THE complainant in this case is the mother of Late Capt. Kulwant Singh, who was a serving officer of the Indian Army attached to 5 J&K Rifles. On 4.5.1988, Capt. Singh fell down from a running railways train while he was travelling from Pathankot to Jwalamukhi Road and sustained fatal injuries. The incident took place near Nandpur -Bhatoli Railway Station at about 11.30 a.m. The injured was placed in a cot and was moved to the primary health centre at a place called Nagro Surian. While on the way to the said place, an ambulance which had been summoned, met them whereupon the injured was transferred to the ambulance and was rushed to the primary health centre but the doctor on duty at the centre after conducting a thorough examination of the injured declared him dead.
(2.) THE case put forward by the complainant is that her deceased son had gone to the toilet in the compartment and while he was returning from there, there was a sudden jerk of the train which was running on a narrow guage track and was negotiating a curve at a high speed and as a result of the said jerk the deceased was thrown towards the door and since the door had defective locking system, it suddenly flew open on account of the jerk and as a consequence the deceased was thrown out of the train. On this basis, the complainant alleged that there was gross negligence and deficiency in service on the part of the railway authorities and has sought to recover from the Union of India (Opposite Party) a sum of Rs. 10,00,580/- by way of compensation for the loss caused to her by reason of the untimely demise of her son.
(3.) EXCEPTING for an affidavit filed by the complainant who has no personal knowledge of the relevant facts relating to the manner in which the accident had occurred, no other evidence worth the name has been adduced on the side of the complainant.