JUDGMENT :

Sanjeeb K Panigrahi, J.

1. The present First Appeal (FAO) has been filed by the appellant assailing the order passed by the Railway Claims Tribunal, Bhubaneswar Bench, in O.A. No.291 of 2017, whereby the Original Application seeking compensation of Rs.4,00,000/- on account of the death of her husband was dismissed.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

i. It is the case of the appellant that while her husband and son were travelling from Cuttack to Balasore by Gurudev Express after purchasing general tickets, they boarded a general compartment which was overcrowded. As no seats were available, they were standing near the door of the compartment.

ii. While the said train was passing through Soro Railway Station, the deceased fell from the running train due to jostling among co- passengers in the overcrowded compartment, sustained injuries and subsequently died.

iii. The appellant filed O.A. No. 291 of 2017 before the Railway Claims Tribunal, Bhubaneswar Bench, seeking compensation of Rs.4,00,000/- on account of the death of her husband. The said Original Application was initially dismissed, whereafter the appellant preferred FAO No. 142 of