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2019 Supreme(Gau) 392

SUMAN SHYAM
Kaliram Konwar R/o Shantipur – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
S.B. Rahman, Adv., N.F. Rly, Adv.

JUDGMENT :

Suman Shyam, J.

Heard Mr. S.S.S. Rahman, learned counsel for the appellant. I have also heard Mr. Brijesh Sarma, learned Standing Counsel, N.F. Railways, appearing for the respondent.

2. Aggrieved by the judgment and order dated 30/01/2018 passed by the Member (Technical), Railway Claims Tribunal, Guwahati in connection with application No. OA.IIU-59/2015, dismissing the claim petition filed by the appellant, the present appeal has been preferred.

3. The appellant, who is the husband of the deceased, had filed a claim petition seeking compensation for the death of his wife late Lily Konwar, alleging that her death took place in an untoward incident on 28/12/2014 when the victim had fallen down from the train in which she was travelling from Tinsukia to Simaluguri. The basic case of the claimant is that due to the rush of passengers, the victim could not get down from the train when it had reached Simaluguri station. The victim, however, fell down from the train at KM 421/0 at a distance of 1.2 KM from the Simaluguri Railway Station and sustained grievous injuries leading to her death.

4. The respondent / Railways had contested the claim petition by filing written statement ca

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