UNION OF INDIA Vs. M.JOTHI

JUDGEMENT

(1.) The appellant / Respondent has preferred the present appeal in C.M.A.No.2410 of 2009, against the order passed in O.A.No.2008 00074, on the file of the Railway Claims Tribunal, Chennai.

(2.) The short facts of the case are as follows: -

(3.) The respondent, in his counter has denied the averments in the claim that the deceased had fallen down from Train No.6607 (Chennai Egmore Mangalore Express) between Trichy Fort and Chitrasanallur Railway station on 12.07.2007. It was submitted that there was no eyewitness to the incident and no such incident was reported to the Railway officials and there was no detention of the train either. It was submitted that the application has been filed based on the statement in the inquest report and final report only and not based on any facts. It was submitted that the deceased was not a bonafide passenger and that the alleged accident is not covered under Section 123(c) and Section 124 -A of the Railways Act. The averments in the claim that the applicants are the only dependants of the deceased was also not admitted.