REJULA J. Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment dated 20.07.2018 passed in O.A.(II) U.No.42/2015 is under challenge in the Civil Miscellaneous Appeal.

(2.) The claimants are the appellants. The Claim Petition was filed under Section 16 of the Railways Act, seeking compensation based on the narration of facts, which reads as under:

(3.) The respondent/Railways contested the matter before the Railways Tribunal. The Tribunal adjudicated the issues and formed an opinion that there is no proof that the boy had any ticket during the relevant point of time that could qualify him as a passenger. Even at the time of cross examination, suggestion has been given that the deceased was travelling without ticket. Based on on this factum, the Tribunal arrived a conclusion that the appellants had not established an untoward incident. In view of the fact that the untoward incident was not established, the application itself was dismissed by the Tribunal.