- (1.) The present appeal is preferred under Section 23(1) of the Railway Claims Tribunal Act being aggrieved and dissatisfied by the judgment and order dated 12.9.2012, passed by the learned Member/Technical, Railway Claims Tribunal, Ranchi Bench, in Case No.-OA(IIU) RNC/2007/0081 (Old No.OU-70081/07), filed under Section 16 of the Railway Claims Tribunal Act, 1987, wherein the learned Tribunal has dismissed the claim -application filed by the appellant seeking compensation of Rs.4 Lakhs along with interest from the date of filing of the application i.e. 07.12.2007, on account of accidental death of her husband.
(2.) Heard the learned counsel for the appellant Mrs. Chaitali Chatterjee Sinha as well as learned counsel for the respondent Mr. P.C. Sinha. Purused the Lower Court Records and other materials placed along with the appeal.
(3.) The brief facts, giving rise to the present appeal, is that : The deceased, on 30.05.2007, after purchasing a valid 2nd class ticket was travelling from Gaya Junction to Dhanbad. He was boarded Train No.3306 Dn. Gaya -Dhanbad Intercity Express at Gaya Junction. At the time of travelling there was heavy rush in the train and while the said train was running between Banjhinala and Tankuppa (km-448/10-448/12), the deceased, Kishori Yadav accidentally fell down from the running train on account of heavy rush and jostling amongst the passengers and died as a result of accidentally falling down from the running train. The dead body of the deceased was recovered in between stations BanjhinalaTankuppa(km 448/10-448/12).;