RASUL BI, W/O. LATE M.VALI AND OTHERS Vs. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI

JUDGEMENT

(1.) A claim petition was filed before the Railway Claims Tribunal, Bangalore Bench (for short 'the Tribunal'), by the wife and children of one Mr.Vali, who died on 06.02.2005, in a train accident at Birur Railway Station. The Tribunal dismissed the petition, being aggrieved by which, the applicants have filed this appeal.

(2.) IN the claim petition it was stated that, Mr.Vali S/o. Mohammed Vali was travelling on 06.02.2005 in train No.582 Hubli - Bangalore Passenger, as a bonafide paid passenger from Yelavagi to Tumkur with ticket Nos.03783, 03784 & 03785, the train driver trembled the train, an accident occurred, Mr.Vali fell down and died.

(3.) THE following issues were framed: - 1. Is it proved by the petitioner that the deceased M.Vali was a bonafide passenger by train No.582 travelling on 06.02.2005 between Yevavigi and Tumkur? 2. Is it proved by the petitioner that the deceased fell down from the train due to negligent driving and the incident is covered under Section 123(c)(ii) of the Indian Railways Act, 1989? 3. Is it proved by the respondent that the incident occurred due to negligence and carelessness of the deceased as pleaded in Para 6 of Reply statement? 4. Are there any other dependents other than the petitioner?