(1.) NONE appears for the respondent in spite of service. Proceeded against ex-parte.
(2.) THE appellant is the mother of an unfortunate young boy named salim. It is not in dispute that Salim received grievous injuries on 10. 3. 2003 and as a result of the injuries he died. It is also not in dispute that the injuries were a result of a fall from the train.
(3.) AS per the decision of the Railway Claims Tribunal it has been held that Salim had a monthly season ticket entitling him to travel by rail from shahdara to Ghaziabad and vice versa and hence was a bona-fide passenger. Said finding has attained finality. On the issue whether the death was attributable to an untoward incident the Railway Claims Tribunal has held against the appellant. Reason for so holding is the charge sheet presented before the criminal Court by the police and the record of investigation.