UNION OF INDIA Vs. ARATI BHATTACHARYA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1st May, 2007 passed by learned Railway Claims Tribunal, Kolkata Bench granting compensation of Rs.4,00,000/- to claimant with direction upon the railway authority to liquidate the amount within two months from the date of order failing which the award shall carry simple interest at the rate of 6% per annum from the date of order till realisation.

(2.) The Tribunal allowed the claim case on the ground that the incident under reference was within the meaning of 'untoward incident', but not a simple case of run over, while crossing the railway track carelessly, and further held that the deceased was a bona fide passenger having valid ticket at the time of undertaking journey in passenger's train.

(3.) Learned advocate for the appellant railway authority in course of hearing urged basically two points, one alleging the incident to be a pure case of run over, not covered by 'untoward incident' together with approach adopted by the Tribunal in deciding the claim case after observing therein that the possibility of falling down from a moving train and subsequently being hit by another up train on adjacent line, could not be ruled out, was not the perfect appreciation of the evidence, adduced in this case and the point controverting that since there was no recovery of a ticket from the dead body of the deceased, the deceased could be construed to be a bone fide passenger at the relevant point of time.