VINODAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants (applicants before the Railway Claims Tribunal), being the; mother and brothers of deceased Thippeswamy, cali in question the order of the Railway Claims Tribunal dismissing their application filed under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation following the death of Thippeswamy in an untoward accident. The said accident occurred when he was getting down the train at Chikkajajur Railway Station and the train suddenly moved on account, of which Thippeswamy fell down, sustained injuries and died.

(2.) It was the case of die appellants before the Railway Claims Tribunal that Thippeswamy had a valid ticket purchased by him at Chikkajajur Railway Station and when he boarded the train at Chikkajajur and when he was frying to get down the train, all of a sudden, the train moved leading to Thippeswamy failing down and later died on account of the injuries sustained in the said accident. It was also the case of the appellants that, the deceased was holding a second class train ticket in respect of train No. 581. The facts are also not in dispute that, the ticket bearing No. 05725 was issued at Chikkajajur Railway Station on 2.1.2005 for the train that leaves at 11.45 hours. It is on these facts that the appellants approached the claims tribunal for compensation.

(3.) The respondent: railway administration took up the contention before, the claims tribunal that though the deceased was holding a valid ticket to travel as a passenger, the said ticket pertained to train No. 582 and not for train No. 581 and, therefore, it cannot: be said that the deceased was a bonafide passenger in respect of train No. 581. The Railway Claims Tribunal accepted the said contention of the respondent railways and held that the deceased was not a bonafide passenger because, he had been issued a ticket in respect of train No. 582 and not in respect of train No. 581. It was. therefore, held by the Tribunal that the deceased was not holding a valid ticket for his travel by train at. the relevant time of the accident, and he cannot, therefore, be considered as a bonafide passenger in respect of the train in question and. as such, the application was rejected. The Tribunal also held that, for being a passenger within the meaning of the Railways Act, he must be a person travelling with a ticket relating to the concerned train.