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SHAILESH KUMAR SINHA
Ram Sudha Devi – Appellant
Versus
Union of India represented through the General Manager – Respondent
S.K. Sinha, J.- This appeal is directed against the order dated 23rd March, 2009, in claim application number O.A. 00199 of 2004 passed by the Railway Claims Tribunal, Patna Bench, Patna, whereby the applicant's claim has been declined and the claim application has been dismissed.
2. The brief fact of the case as made out in the claim petition is to the effect that the applicant's husband namely, Arvind Kumar while travelling from Patna Junction to Parsa Bazar after purchasing the railway ticket boarded the train No. 599 UP (Patna-Gaya Passenger). The train was crowded, as such, the husband of the applicant was standing in the bogie near the gate, however, while the train was running below the Sipara Bridge (nearby Patna Junction) the train suddenly sustained a sudden jerk with the result the husband of the applicant fell down from the running train and died on the spot sustaining serious head injury. On account of the aforesaid untoward incident applicant filed claim application claiming compensation of rupees four lacs as provided under Part-I to the Schedule of Rule 3 of the Railway Accident and Untoward Incident (Compensation) Rules, 1990. The respondent-Railway resisted
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