UNION OF INDIA Vs. TILAK RAM

JUDGEMENT

(1.) SINCE both the appeals arise from the judgment and award dated 22.1.2004, they are being heard together and decided by common judgment. The present first appeal from orders are directed against the judgment and award dated 22.1.2004 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow in Case Nos. O.A. -0100106 and O.A. -0100107.

(2.) THE facts giving rise to the present appeals in short are that the wife of the applicant, Smt. Sukhraja (deceased), as alleged, was travelling with her minor son Vikas alias Pinku (deceased) after purchasing second class ticket on 8.6.2001 by Train No. 136 passenger from Lucknow to Dariabad. When the train reached Safedabad, the wife of the applicant fell down with her son from the train. Both of them sustained serious injuries and as a result of the said injuries they expired on the spot. The G.R.P. was given information by the porter and thereafter the police of Barabanki prepared the inquest report and the post -mortem of both the deceased was performed.

(3.) THE appellant -respondent field written statement stating therein that the deceased were found in yard on line No. 1 at Safedabad station and it was also denied that the deceased were bona fide passengers.