S. Kumar, J. – Heard learned counsel for the parties.

2. This miscellaneous appeal has been filed for setting aside the judgment and order dated 13.11.2013 passed in Claim Application No. OA00293 of 2005 passed by learned Member (Technical) of Railways Claims Tribunal, Patna Bench, Patna, by which the claim application filed on behalf of claimant-appellant for grant of compensation has been rejected by the Railway Claims Tribunal (hereinafter referred to as the 'Tribunal).

3. Briefly stated, the facts of the case as stated in the claim application is that applicant Daya Devi is widow of Late Binod Prasad Singh who died in an untoward incident due to injury sustained by him in Rail accident.

4. It has been stated that on 11.07.2005 the husband of claimant-appellant having valid journey ticket bearing No. 47508 was travelling from Jamalpur to Lakhisarai by 3133 Up (Sealdah-Varanasi Express), when he accidentally fell down from train due to sudden jerk and died on the spot.

5. Written statement was filed on behalf of Railways in which they have denied the claim of claimant-appellant and have stated that deceased was not a bonafide passenger and died due to run-over by the train while crossing the railway track.

6. On the basis of pleading of the parties, Tribunal framed four issues for its determination.

7. In support of her claim case, claimant has produced documentary evidence which have been marked as Exhibits by the Tribunal. Exhibit A/2 is final report submitted by G.R.P, Exhibit-A/3 is the Challan of the dead body of deceased, Exhibit-A/4 is the post mortem report, Exhibit-A/5 is the memo issued by Dy.S.M, Jamalpur, Exhibit-A/6 is copy of Railway Ticket, Exhibit-A/7 is the death certificate, Exhibit-A/8 is the inquest report, Exhibit-A/9 is the original journey ticket, Exhibit-A/11 is the family member certificate issued by the Circle Officer, Dharahara, Munger, Exhibit-A/12 is the voter identity Card of the claimant.

8. Applicant in her examination-in-chief in form of affidavit has supported her claim case and in her cross-examination she has stated that the distance of Dharahara from Jamalpur is 3 Kms. Her village, station and post office is Dharahara. At the time of incident, she was at home. Villagers informed her about the incident. She could not find any cotraveller who was accompanying her husband.

9. On analysis of oral and documentary evidence as well as materials available on record, it transpires that the station memo was issued by Station Master on 11.07.2005 at 2:05 pm addressed to the Officer-in-Charge of G.R.P., Jamalpur, that as per Station Master, Dharahara, one man was run over and killed near Dharahara Station upon which UD Case No. 18 of 2005 dated 11.07.2005 was registered and the case was handed over to ASI Bhagwan Murmur for investigation and submission of Final report.

10. The Investigating Officer, thereafter reached the place of occurrence and prepared the inquest report on 11.07.2005 at 3:00 pm in which it has been recorded that on the Western Outer Signal 100 Gaz West from the West Outer Signal of Dharahara station a dead body was found on 11.07.2005 at 4:00 pm. From the upper pocket of shirt, a train ticket was recovered which was of destination from Jamalpur to Lakhisarai. It has been opined that due to accident from an unknown train he died. The dead body was thereafter sent for post mortem to Sadar Hospital, Munger, which was received at 8:10 am on 12.07.2004 and post mortem was conducted at 9:30 am in which it was found that the body was cut into two pieces, right upper limb was also cut from arm. Ribs were fractured and cause of death has been opined due to haemorrhage and injury caused to the vital organ by hard and very blunt substance.

11. After investigation, Investigating Officer, submitted his final report in which he has found that on 11.07.2005, deceased was travelling from Train No. 3133 Up from Jamalpur to Lakhisarai and as train proceeded ahead of Dharahara station, deceased fell down and