D.N.UPADHYAY, J. - (1.) THIS appeal has been preferred against the judgment dated 02.08.2013 passed by Railway Claims Tribunal, Ranchi Bench, Ranchi in connection with Case No. O.A. (IIU)/RNC/2011/0025 by which the claim application filed by the appellant has been dismissed.
(2.) THE facts, in brief, is that son of the appellant Shamshad Khan, in order to go to Gaya, boarded UP PuriNew Delhi Purushottam Express Train No.2801 at Tata Nagar railway station. In course of travelling, the deceased fell down between Keshari and Choubey railway station near Koderma and the dead body was located and identified by brother of the deceased. The appellant, who happens to be mother of the deceased, filed application for grant of compensation in lieu of death of her son Shamshad Khan but the learned Tribunal, after adjudication, dismissed the application.
(3.) THE appellant has assailed the impugned judgment on the ground that the finding of the Tribunal is based on surmises and conjecture. The respondent/railway has not adduced any evidence that deceased had had selfinflicted injury which fall under the exception (a) to (e) of Section 124A of the Railway Act, 1989. The Tribunal has accepted that the deceased was a bonafide passenger and he was having valid ticket in his possession. W ithout any evidence how the Tribunal could imagine that the deceased had stretched his body outside from the compartment and he sustained injury due to dash caused to his head by a pole. The finding of the learned Tribunal is highly erroneous and liable to be set aside. The appellant has relied on the judgment reported in (Jameela Vs. Union of India , 2010 4 JabL J 140). Learned counsel appearing for the respondent has opposed the argument and submitted that no witness has come forward to say that he had seen the deceased boarding the train. Furthermore, nobody in the compartment in which the deceased was allegedly travelling has come forward to support the incident. The driver of the engine or the guard had also not noticed any such 2. incident alleged to have taken place in course of running of said train on 14.11.2010.;