(1.) C. M. No. 11410 of 2005 in F. A. F. O. No. 217 of 2005: there is a delay of 52 days in filing the appeal. Notwithstanding the fact that delay has not been satisfactorily explained, I condone the delay. The C. M. is allowed. F. A. F. O. No. 217 of 2005: shakuntala Devi admittedly suffered injuries and died on account of being crushed by the train from which she fell. Her husband and children filed a claim under the Railways Act, 1989 and sought compensation payable under the applicable rules. Needless to state, 2 issues of substance were framed by the Railway Claims tribunal. Firstly, whether the deceased was a bona fide passenger in the train in which the alleged accident took place and secondly, whether the deceased died as a result of an untoward incident entitling the applicants to the statutory compensation.
(2.) THE deceased, her husband and children were passengers in the train as per claim made by them. Railway tickets purchased were proved as Exh. AW1/3 to exh. AW1/8.
(3.) THUS, the finding returned by the tribunal is that it has been successfully established that the deceased was a bona fide passenger in the train.