- (1.) With the consent of learned counsel for the parties, Rule is made returnable today. Learned counsel appearing for the respondent waives service of Rule. Matter is taken up for Final Hearing.
(2.) Present appeal has been filed under Section 23(1) of the Railway Claim Tribunal Act, 1987, being aggrieved and dissatisfied by the judgment and order dated 27.02.2013, passed by Member (Technical) of Railway Claim Tribunal, Ranchi Bench in Case No. OA (IIU)/ RNC/2010/0164, whereby the learned Tribunal has dismissed the claim of the applicants.
(3.) Brief facts, giving rise to the present appeal, are as under: That the son of the appellants, namely, Rabindra Singh alias Panna Singh with his aunt Rani Kaur were travelling by EMU local train (HWH-BWN Main Line) with a valid 2nd Class ordinary daily ticket Ex Bandel Jn. to Burdwan Jn. According to appellants, their son Rabindra Singh alias Panna Singh was a bona fide passenger and travelling with a valid 2nd Class ordinary daily ticket. It is the case of the appellants that on the date when this unfortunate accident has taken place, the said train was overcrowded and both of them anyhow managed to stand side by side near the exit/entrance door of the compartment and due to constant jostling and heavy pressure of the inside passenger of the compartment, all of a sudden jerk, their son Rabindra Singh alias Panna Singh could not keep his balance and slip his hand from the iron rod, as a result, he fell down from the running train in between Gangpur Railway Station and Burdwan Railway Station on 22.08.2009 and the said incident personally saw by his aunt Rani Kaur at her own eyes and after seeing the incident, she along with other passengers of the compartment shouted loudly to stop the train at the incident spot but the train did not stop before Burdwan Railway Station. Thereafter, aunt of the victim and other passengers get down at Burdwan Railway Station andreturned back to the incident spot, where Rabindra Singh alias Panna Singh was found in dead condition on account of severe head injury. Thereafter, investigation was carried out vide Burdwan G.R.P.S. U/D Case No. 120/2009 dated 22.08.2009. During course of investigation, Rani Kaur identified the victim and put her signature in investigation report. Postmortem examination was done by Dr. P. Mukhopadhyay and thereafter the dead body of their son was handed over to the relatives.;