RADHESHAYAM SONI, S/O MANGILALJI SONI AND OTHERS Vs. UNION OF INDIA (UOI), REP. BY ITS GENERAL MANAGER, SOUTHERN CENTRAL RAILWAY

JUDGEMENT

(1.) THIS appeal is by the applicants before the Railway Claims Tribunal and compensation was sought by the husband and children of deceased Lakshmi Devi on the footing that the deceased was a bonafide passenger in train No. 6529 - Udyan Express from Pune to Bangalore City and on the night intervening 27/28.6.2000, said Lakshmi Devi met with an untoward incident or accidental fail in the early hours of 28.6.2000 and following the death of Lakshmi Devi being confirmed after her dead body was identified by her husband, the appellants filed the claim application before the Tribunal seeking compensation.

(2.) THE said application was contested by the respondent - Southern Central Railway by contending that the death of Lakshmi Devi was on account of she being found mentally unsound and it is also very strange that a person travelling by Poona -Bangalore Udyan Express would get up in the dead of the night at 2.20 a.m. and was found walking along the track. Therefore, the said defence was put up by the railways.

(3.) I have heard the learned Counsel for the appellants and the learned Counsel for the respondent Union of India and perused the records of this case.