- (1.) THIS appeal has been preferred by the claimants/appellant against judgment and award dated 23.11.2012 passed by the learned Railway Claims Tribunal, Ranchi in connection with OA (IIU)RNC/2010/0098 ( Old No. OU -70085/07) whereby the appellant has been directed to be paid rupees two lakhs in lieu of death of her husband Ajay Gorai @ Ajay Kumar Sahu, who was travelling by 85 - Tata Barkakana Passenger .
(2.) FACTS of the case in brief is that on 25.12.2006 Ajay Gorai, vegetable vendor had gone to Muri Market on a trekker. After selling vegetables, while he was returning by said 85 passenger train, criminal activities took place in the train in which the miscreants who were 8 -10 in number, armed with deadly weapons, had caused assault to the passengers, snatched away money and belongings from them and the deceased Ajay Gorai was thrown out from the train. The dead body of the deceased which was lying on the railway track at Saragdih village was identified by his father. Other formalities with regard to criminal incidents had been done and the dead body of the deceased was sent for post mortem examination. The appellants who are wife, father and mother of the deceased, had jointly filed an application for grant of compensation against death of the deceased Ajay Gorai who died in the criminal incident which took place in the aforesaid train.
(3.) IT is submitted on behalf of the appellant that the tribunal has admitted the incident which took which place in the said train on 25.12.2006 and this issue has been decided as issue no.2 in favour of the appellants. In the impugned judgment, the learned tribunal has held that the deceased was victim of criminal incident and he was subjected to loot and assault and lastly thrown from the running train. Surprisingly enough, without assigning reasons, compensation amount has been reduced from Rs. 4 lakhs to Rs.2 lakhs. The finding of the tribunal in this regard is erroneous and liable to be set aside.;