DIPANKAR DATTA, J. - (1.) A moment's inattentiveness cost Dasarath Yadav his life. While traveling from Burdwan Railway Station to Howrah Railway Station on 2nd October, 2003 in a local train, he peeped his head out of the compartment door to spit and in the process his head collided with a post by the side of the railway track resulting in his accidental fall from such train near Janai Road Railway Station. Dasarath died on the spot leaving behind him the appellant and a minor child as his surviving legal heirs.
(2.) The appellant having lost her husband approached the Railway Claims Tribunal, Kolkata on 29th September, 2004 with a claim application, numbered as U/752/204 seeking compensation of Rs.4,00,000/-. The Tribunal framed the following issues for decision: "1. Whether the deceased was a bona fide Railway Passenger? 2. Whether the deceased fell down from a running train and died thereof and if so, whether this incident is covered as an 'Untoward incident' in terms of provision of Section 123 of the Railways Act, 1989? 3. Whether the Applicants, as dependants of the deceased, are entitled to get any compensation, as prayed for? 4. To what other relief, if any, the Applicants are entitled?"
(3.) In its judgment dated 27th September, 2007, the tribunal answered issue nos. 1 and 2 in favour of the appellant. Issue no.3 was decided against the appellant, as a sequel whereof she was held not entitled to any relief and consequently the claim applications stood dismissed on contest, without costs.;