YELLAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the applicants challenging the judgment dtd. 17/3/2016 passed in claim application No.O.A II U 161/2010 by the Railway Claims Tribunal, Bangalore Bench, Bangalore, thereby the application filed by the applicants seeking compensation was dismissed.

(2.) It is the case of applicants that on 5/9/2007 the deceased left his house saying that he is going to Yadagir in connection with his work and would come on the next day by afternoon. He did not turn up and in the evening, they heard people saying in the vicinity that someone had expired by falling from train. The 1st applicant who is the wife of the deceased went to the Civil Hospital, Raichur and found the dead body of her husband. On enquiry with the Railway Police, Raichur, they informed that while travelling from Yadagir to Raichur, he has accidentally fallen down from the train and grievously injured on his head and multiple fractures over his body and thus, succumbed to the injuries on the spot itself. The applicants being the wife, sons and daughter of the deceased filed an application seeking compensation. But the Tribunal has dismissed the application on the reason that the deceased died due to the injuries sustained on account of his criminal act, which comes under proviso (c) of Sec. 124A of Railways Act, 1989.

(3.) Learned counsel for the appellants/applicants submitted that the deceased was a bonafide passenger, since he has travelled after purchasing the ticket and boarded in 2nd class general ticket. Therefore, submitted that, since the deceased had purchased ticket, he is a bonafide passenger. The Tribunal has failed to appreciate the evidence on record resulting into erroneous judgment of dismissal being passed. Therefore, prays to allow the appeal and grant compensation.