UNION OF INDIA Vs. SUREKHA

JUDGEMENT

(1.) Heard submissions at the Bar.

(2.) By means of this appeal, the appellant Union of India is challenging the judgment and award passed in Claim Application No. 03/OA-II/RCT /NGP/2006 decided by learned Member (J), Railway Claims Tribunal, Nagpur Bench Nagpur ( in short "the Tribunal") on 19.2.2009 whereby compensation was awarded in the sum of Rs. 4,00,000/ in favour of the respondents-claimants.

(3.) In support of the appeal, Mr. P.S. Lambat, learned Counsel for the appellant, contended that the Tribunal erred in law in awarding compensation as burden of proof was not discharged on behalf of the claimants to establish that deceased was a bona fide passenger and met with an untoward incident as contemplated under section 123(c) read with section 124-A of the Railways Act, 1989 (in short "the said Act"). It is contended that photostat copies of ration card and school leaving certificate ought not to have been considered by the Tribunal as they were not duly proved. It is further submitted that the documentary as well as oral evidence led on record was overlooked by the Tribunal and with the result, the Tribunal reached a wrong conclusion that deceased had met with an untoward incident, which led to award of compensation in the sum of Rs. 4,00,000/-. Learned Advocate for the appellant sought to rely upon the decision in Union of lndia Vs. Kurukundu Balakrishnaiah, 2004 1 ALT 100, to argue that if a person is trying to board or alight from a running train or standing near the door, jumped from the compartment, crossing the railway track or leaning out of the carriage; and during the course of such circumstances had fallen down and was either injured or had died, was not entitled to compensation from the Railways under section 124-A of the said Act. It is, therefore, contended that since the claimants in the present case did not discharge burden of proof to show that deceased was a bona fide passenger travelling in Railway compartment and met with an untoward incident, the compensation ought not to have been awarded.