UNION OF INDIA Vs. GULAM MOHAMMAD

JUDGEMENT

(1.) Present appeal under section 23 of the Railway Claims Tribunal Act, 1987 (in short hereinafter referred as Act) has been preferred against the impugned award dated 20.1.2009 passed by the Railway Claims Tribunal Lucknow.

(2.) The Tribunal recorded a finding that deceased fell down from the train because of heavy and sudden jerk and accident has been supported by the co-passenger Mohd. Ali. The appellant railway had not led any cogent and trustworthy evidence to establish that the deceased was not bona fide passenger. Counsel for the respondent had relied upon the case of Smt. Akhtari v. Union of India, 2009 75 AIR 12 (Sum.).

(3.) The Tribunal had awarded compensation to the tune of Rs. 4,00,000/- (four lacs) with interest @ 7 per cent per annum. While assailing the impugned award learned Counsel for the appellant submitted that deceased was not a bona fide passenger hence he was not having ticket and secondly he fell down because of his own fault being standing on door side. It has been stated by the appellant's Counsel that the case in hand fall under the exception provided under the proviso of section 124-A of the Indian Railways Act, 1989.