O R D E R

Table of Contents A. Background and submissions ................................................................................... 2 B. Decisions of the Railway Claims Tribunal and the High Court ................................ 4 C. The errors in the judgments of the Railway Claims Tribunal and the High Court . 6 D. Compensation and interest ........................................................................................ 9 Signature Not Verified Digitally signed by Sanjay Kumar Date: 2024.08.13 Reason:

A. Background and submissions

1. The case of the appellant is that her brother, Swapan Kumar Saha, suffered a fatal fall from a moving train, (No 5658; Kanchanjanga Express) at KM 373/9, Dolma Gate on 5 September 2003, resulting in his death. The body of the deceased was recovered three days after the incident, on 8 September 2003.

2. The appellant filed a claim petition under Section 16 of the Railway Claims Tribunal Act 1987 before the Guwahati Bench of the Railway Claims Tribunal1 seeking compensation of Rs 4,00,000 arising from the death of her brother. By its judgment dated 17 March 2009, the Tribunal dismissed the claim, concluding that the deceased was not trav