UNION OF INDIA Vs. SABUBEN MANSUKHBHAI VASAVA

JUDGEMENT

(1.) THE present First Appeal has been filed by the Appellant ? Railway Administration - Original Respondent under Section 23 of the Railway Claims Tribunal Act, 1987 being aggrieved by the judgment and order passed by the Railway Claims Tribunal, Ahmedbad Bench, Ahmedabad in Case No. OA 0200073 dated 14.5.2009, on the grounds stated in the memo of Appeal in detail inter alia that the Tribunal has ignored the important aspect that only the ticket for the minor was produced and no ticket for the deceased was produced nor it was found on the person of the deceased. It is therefore contended that the deceased was not a bonafide passenger and wold not be entitled to claim the compensation. It is contended that the Tribunal has ignored the evidence of the railway administration and therefore the judgment is erroneous. It is also contended that the untoward incident cannot be construed in a manner in which the Tribunal has interpreted, and therefore ,the entire judgment is erroneous.

(2.) HEARD learned Advocate Mr. Ravi Karnavat for the Appellant and learned Advocate Mr.U.M.Shastri for the Respondent.

(3.) IT is well accepted that the burden of proof is on the railways if such a contention is raised. The railway could have produced from the record or the list of the passengers that no such ticket has been issued in the name of such person. On the other hand, the daughter of the deceased was traveling and accompanying the deceased, who has clearly stated about their journey as well as the accident having taken place.