- (1.) This appeal has been preferred against the judgment dated 21.2.2013 passed by learned Railway Claims Tribunal, Ranchi Bench, Ranchi in connection with Case No. OA(IIU)/RNC/2009/0038, OLD No. OA(IIU)-9038/09, date of incident 13.10.2008 and date of filing 6.4.2009, whereby the claim application filed by the appellants stood dismissed.
(2.) The brief fact is that on 13.10.2008, deceased Anubhav Kumar Singh with his parents and cousin sister boarded in train No. 8625 UP Saharsa-Patna-Hatia Express at Saharsa station for going to Koderma. The ticket was issued for four persons and the deceased was among them. When the train reached at Mokama Junction, Anubhav Kumar Singh alighted from the train to purchase some eatables and drinking water. At Mokama station, large numbers of passengers boarded and due to which compartment was crowded. Anubhav Kumar Singh boarded in the train again, but he could not able to reach his seat due to heavy rush of the passengers in the compartment and he was compelled to stand at the gate of the compartment. The passengers were jostling with one another for getting space. When the train reached near Mor station due to sudden jerk and heavy rush in the compartment, Anubhav Kumar Singh lost his grip and fell down from the running train at Mokama station and sustained injury. He was removed to Sadar Hospital, Barh and from there to PMCH, Patna, but could not survive and succumbed to his injury on 13.10.2008 itself.
(3.) The appellants filed a petition for grant of compensation from railway in lieu of death of their son Anubhav Kumar Singh, but the learned Tribunal has refused to grant compensation on whimsical ground and hence this appeal.;