JUDGMENT :

Subhasis Dasgupta, J.

1. This appeal is against the judgment and order dated 8.7.2008 passed by Railway Claims Tribunal, Kolkata Bench in claim application No. U/252/2005 under Section 124-A of the Railways Act, 1989 dismissing the claim case.

2. The Tribunal dismissed the claim case on the ground that it was not a case of “untoward incident”, but a case of ‘run over’. The deceased was not a bone fide passenger.

3. The appellant felt aggrieved with the decision reached by the Railways Claims Tribunal, and preferred the instant appeal. The Tribunal while dismissing the claim application considered each of the circumstances, germane to the incident and proceeded to disbelieve the evidence of two witnesses examined so far as in this case.

4. Some crucial facts, however, may be mentioned here for decision of this appeal.

5. The deceased a permanent teacher of Antpur High School under P.S. Jangipara, District Hooghly, accidentally fell down from an over crowded railway train compartment on 1.4.2004 in course of his return travel from school to his home at Rishra, near kilometre post No. 17/30-17/28 in between Serampore and Rishra Railway Station on the main line at about 18.30 hour