DIPANKAR DATTA, J. - (1.) Dismissal of Claim Application No.U/421/2006 by the Railway Claims Tribunal, Kolkata, vide judgment and order dated February 29, 2008, has been called in question in this appeal by the applicant thereof (hereafter the appellant).
(2.) The appellant had approached the tribunal seeking compensation on the death of her husband, Barun Kumar Misra (hereafter the victim), on July 21, 2005. It was pleaded in the claim application that the victim while returning home from Sheoraphuli boarded a Howrah bound local train and fell down on the track at Serampore Railway Station by slipping in between the gap of the platform and the train due to pressure exerted by other passengers, suffered multiple injuries and died on the spot. Accordingly, Rs. 4,00,000/- was claimed together with interest and costs. The claim application was contested by the Eastern Railway by filing a written statement wherein the material allegations levelled in the claim application were denied and disputed. The appellant examined herself as a witness, AW-1, and another gentleman who was allegedly accompanying the victim and was in the train with him adduced evidence as AW-2. The railway did not adduce any evidence.
(3.) The tribunal framed the following issues for determination: "1) Whether the victim sustained injuries by falling from a running train and died thereof on the alleged date and time and if so, whether the said incident is covered within the meaning of 'untoward incident' as defined under Section 123 (c) of the Railways Act, 1989? 2) Whether the victim was a bona fide railway passenger? 3) Whether the applicant, is entitled to get compensation from the respondent, as prayed for? 4) To what other relief, if any, the applicant is entitled?" ;