UNION OF INDIA Vs. AMEENA BANO & ANR

JUDGEMENT

(1.) The appellant has challenged the order dated 07th January, 2014, whereby the Railway Claims Tribunal awarded compensation of Rs.4 lakh along with interest thereon to the respondents.

(2.) The respondents, who are the widow and son of late Mohd. Isarail, filed an application for compensation before the Railway Claims Tribunal claiming that Mohd. Isarail along with his brother, Lal Mohammad were returning from Allahabad to Delhi on 01st November, 2010 by Mahabodhi Express and due to heavy rush and sudden jerk, Mohd. Isarail fell down from the running train.

(3.) Learned counsel for the appellant urged at the time of hearing that the respondents have not proved that the deceased was travelling by Mahabodhi Express on the date of the accident. It is further submitted that the Claims Tribunal has wrongly relied on the oral testimony of AW-2, Lal Mohammad. It is submitted that there is contradiction in the statement of AW-2 to the police and the statement made before the Claims Tribunal. It is submitted that no documentary proof has been placed on record to prove that the deceased was a bona fide passenger of Mahabodhi Express. It is further submitted that the statement of AW-2 is not trustworthy. If AW-2 had seen the deceased falling from the train, he would have pulled the chain to stop the train and immediately reported the matter which was not done. AW-2 did not make any complaint with respect to the loss of the ticket as alleged by him.