AKHTARI BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.6.2005 passed by the Railway Claims Tribunal, Patna Bench, Patna in Application No. OA 9800130 whereby the learned Tribunal has dismissed the prayer of the appellant to pay her Rs. 4 lacs on account of the death of her husband Md. Anwar @ Bhola Mandal in accidental call from a train.

(2.) THE case of the appellant is that she is wife of Late Md. Anwar @ Bhola Mandal. On 24.2.1998 her husband was travelling from Sitarampur to Kumardhubi in Train No. 3029 -Up Coal Field Express as a bona fide passenger with proper ticket. At Kumardhubi Railway Station he fell down from the train and was seriously injured and subsequently died. The appellant being a dependent filed an application under Sec. 125 of the Railways Act for compensation. The respondent filed written statement opposing . the prayer and stating therein, as it appears from the impugned. judgment, that the applicant is to prove that the deceased was a bona fide passenger and died in an untoward incident within the meaning of Sec. 123(c) of the Act.

(3.) ON the pleadings of the parties the learned Tribunal framed the following issues for determination: (i) Whether the deceased was a bona fide passenger as alleged? (ii) Whether the incident covered under Sec. 123(c) read with Sec. 124 -A of the Railways Act? (iii) Relief to what extent.