IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay F.M.A 1023 of 2023 Fulan Devi & Anr.

-Vs-

Union of India For the Appellants/ : Mr. Saswata Bhattacharyya For the Respondents/ : Mr. Sukumar Bhattacharyya, Ms. Ashima Roy Chowdhury Heard on : 04.09.2024, 03.10.2024, 09.12.2024, 13.01.2025, 24.02.2025 Judgment on : 08.05.2025 Ananya Bandyopadhyay, J.:-

1. The instant appeal was heard earlier and judgment was reserved. However, the matter was listed under the heading “For Hearing” for further clarification.

2. The Learned Advocates representing the respective parties are present.

3. An application under Section 16 of the Railway Tribunals Act, 1987 read with Section 123 (C) (2) and 124A of the Railways Act, 1989 had been filed by the applicant claiming compensation for herself and her husband as dependants for the death of their son in an untoward incident which occurred on 26.05.2018.

4. On the aforesaid date the victim Sonu Kumar was travelling from Durgapur Railway Station to Jasidih Junction R/S via Asansol Junction R/S by train which was overcrowded. By the impact of a sudden jerk in the motion of the train the vi