JUDGMENT

Bibhas Ranjan De, J. - Brief facts available on record for just decision of the appeal this appeal has been preferred challenging the judgement and order passed by Railway Claims Tribunal, Kolkata Bench in connection with A/922/2002, whereby Ld. Tribunal dismissed the claim petition.

2. The claim petition filed by one Kakali Kurmi under the Railways Act, arose out of an accidental death of her father Nitya Gopal Kurmi in an 'untoward incident' within the meaning of Section 124A of the Railways Act, 1989 for payment of compensation of Rs. 4,00,000/-. Specific case of the claimant is that on 12.01.2002 her father was travelling from Berhampur Rail Station to Jiagang Rail Station by 103 by Up Lalgola Passenger Train. It is alleged that her father fell down from the running train between Berhampur and Cossimbazar Rail Station at about 2.00 p.m. In effect her father succumbed to his injuries on the spot. It is further alleged that her father was carrying a bag containing brass, copper household materials, some money and ticket which was lost after the accident.

3. On receiving notice Railways Administration appeared and filed written statement denying all material averments of the