- (1.) Heard Sri Brijesh Kumar Shukla, learned counsel for the appellant and Sri Amrendra Nath Tripathi, learned counsel for the respondent.
(2.) By means of present appeal under Section 23 of the Railway Claims Tribunal Act, 1987, appellant has challenged the judgment and award dated 17.3.2009 passed by Railway Claims Tribunal, Lucknow in O.A. NO. 0600030 ( Nand Lal Galey and others Vs. Union of India) . Facts, as pleaded by the claimant/respondent in claim petition are that deceased Nand Lal Galey, resident of village -Lapchoo, post-Lapchoo Tea Estate, Police-Station- Rangli Hat, District Darzling , West Bangal and was engaged as private security guard in a establishment at Delhi.
(3.) On 09.10.2005 after purchasing of valid ticket , he was returning from New Delhi to Jalpaiguri by Train No. 4056 Bramhaputra Express during Dashehra festival. on 10.10.2005 ,when the train reached West Central Kabin at pole no. 1599 near Mughalsarai railway station, Nand Lal Galey fell down from the train , sustained several injuries. In this regard , an F.I.R. was lodged at G.R.P. Police Station , Mughalsarai and two G.R.P. Constables, namely, Constable no. 372 Sanjay Awasthi and Constable No. 4687 Vijay Pal has carried him to Loco hospital where after examining by doctors of Loco Hospital, he was declared dead.;