MAKAR GOCHHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 29.6.2012 passed by the Member (Technical), Railway Claims Tribunal, Bhubaneswar Branch (for short "the Tribunal") dismissing Case No.OA/15/2009 filed by the appellants, who are parents of deceased Sanatana Gochhi (hereinafter referred to as "the deceased"), claiming compensation for the death of the deceased.

(2.) Case of the claimants in the original application is that on 18.11.2008 the deceased along with co-villager A.W.2 boarded 1019 Konark Express train at Pune to travel to Bhubaneswar after purchasing train tickets. In course of journey the deceased accidentally fell down from the running train near Chebrol railway station due to sudden jerk, and push and pull of passengers and was seriously injured. He was taken to the Government Hospital, Elluru for treatment where he succumbed to the injuries.

(3.) On the basis of the rival pleadings, Tribunal framed the following issues: