UNION OF INDIA Vs. LAKSHMI

JUDGEMENT

(1.) The respondent, Union of India represented by General Manager, South Western Railway, Hubli, in OA. No. 105/2007 on the file of Railway Claims Tribunal, Bangalore, has come up in this appeal impugning the judgment dated 29.6.2009 passed therein. Brief facts leading to this appeal are as under:

(2.) In the proceedings before Railway Claims Tribunal, on appreciation of pleadings three issues were framed therein, which are as under:

(3.) Being aggrieved by the same, respondent, Railways have come up in this appeal impugning said judgment on the ground that finding of Tribunal particularly on issue Nos. 2 and 3 is contrary to the material evidence available on record. So far as issue No. 2 is concerned it is contended that ticket which was found on the person of deceased R. Selvaraj bearing No. 71789 was issued for journey dated 28.7.2006 in respect of very same train and it is not for journey on 1.8.2006. Therefore, at the relevant time of accident deceased was not having valid ticket and he was not a bonafide passenger is one of the grounds. So far as issue No. 3 is concerned, it is contended that as per the DRMs report the accident took place when deceased R. Selvaraj attempted to board the moving train, which has resulted in his falling down and succumbing to injuries suffered therein. Therefore, these two aspects are not properly looked in to and appreciated by Tribunal, which has resulted in miscarriage of justice.