JUDGMENT :

The instant appeal has been preferred under Section 23 of the Railway Accident Claim Tribunal Act, 1987 (Tribunal) against the judgment dated 17.04.2012 passed by the Railway Claims Tribunal, Guwahati in Original Claims Application No. OA/II-1/2008 (Old)/Claim Application No. OA (IIu) GHY/2008/0001 (New).

2. By the aforesaid judgment dated 17.04.2012, the claim was rejected. The projected case before the Tribunal was that the deceased-Abhajit Choudhury, son of the claimant, had purchased a ticket at Naharkotia and had boarded the 902 Dn Passenger to Borhat. However, due to commotion of the passengers inside the train, he fell down as a result of which, he had succumbed to his injuries. It is also stated that on the request of the family members, no post- mortem was done. Thereafter, the claim was lodged before the learned Tribunal. The learned Tribunal, however, vide the impugned judgment dated 17.04.2012 had rejected the claim and it is the legality and correctness of the said judgment which is the subject matter of challenge in this appeal.

3. I have heard Shri J Mollah, learned counsel for the appellant. I have also heard Shri G Goswami, learned Standing Counsel, Railway