SMT. RADHA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) A moment's inattentiveness cost Dasarath Yadav his life. While traveling from Burdwan Railway Station to Howrah Railway Station on 2nd Oct., 2003 in a local train, he peeped his head out of the compartment door to spit and in the process his head collided with a post by the side of the railway track resulting in his accidental fall from such train near Janai Road Railway Station. Dasarath died on the spot leaving behind him the appellant and a minor child as his surviving legal heirs.

(2.) The appellant having lost her husband approached the Railway Claims Tribunal, Kolkata on 29th Sept., 2004 with a claim application, numbered as U/752/204 seeking compensation of Rs.4,00,000.00. The Tribunal framed the following issues for decision:

(3.) Whether the Applicants, as dependants of the deceased, are entitled to get any compensation, as prayed for?