MISCELLANEOUS APPEAL No.463 OF 2008 *** Against the order dated 22.05.2008 passed in Claim Application No. OA 000125/2004 by the Railway Claims Tribunal, Patna Bench, Patna. *** UNION OF INDIA through the General Manager, East Central Railway, Hajipur … Respondent/Appellant Versus 1. MOSMT. PRATIMA DEVI 2. Supriya Kumari, 3. Annu Kumari 4. Roshan Singh Widow, Daughters and son respectively of Late Baliram Singh. All of village- Kathar, P.S. Kathar (Brahmpur), Dist.-Buxar, Bihar …Applicants/Respondents *** For the Appellant : Mr. Shabbir Ahmad, Advocate. For the respondents : Mr. Anant Kumar, Advocate. *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The appellant is aggrieved by the order dated 22.05.2008 passed in Claim Application No. OA 000125 of 2004 by the Railway Claims Tribunal, Patna Bench, Patna, by which the Tribunal has awarded a sum of Rs.4,00,000/- to the dependants of the husband of respondent no.1 i.e. respondent nos. 1 to 4. 2. The respondents had filed Claim Case for compensation on account of untoward incident which took place on 14.01.2004 on account of jerky start of the train. The deceased, who was a bonafide passenger, had accidentally fallen from the train and lost his life. 3. Before the Claims Tribunal, the claimants could establish that in fact the deceased was a bonafide passenger since a ticket had been found from his person which was mentioned in his inquest report and also in final report. - 2 - 4. An eye witness A.W.2 has also deposed that he was a co-passenger of the deceased and had seen the deceased falling from the train when the train jerked. As against this, the only plea of the railway authorities was that there was no document by way of station diary entry about the said incident in the railway records and, therefore, no accident had taken place and they were not liable to pay the compensation. 5. On going through the records of the case, I find that there is documentary proof which conclusively suggests that the deceased, who was a bonafide passenger, had died on account of an untoward incident and, therefore, the claimants-respondents are entitled to get the compensation. Apart from documentary proof, an eye witness by way of AW 2 has also fully supported that the deceased lost his life in the untoward incident. 6. In view of such, finding no merit in the appeal, the same is hereby dismissed. 7. The Railway Claims Tribunal, Patna Bench, Patna, is directed to disburse the compensation amount to the claimants within a period of four months from the date of receipt/production of a copy of this judgment. (Anjana Prakash, J.) Patna High Court, Patna Dated the 10th December, 2010 NAFR/ JA/-