SAVITRI DIVAKARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned counsel for the respondent. The appellants filed a claim under section 124-A of the Railways Act, 1989 (hereinafter referred to as the said Act) claiming compensation on account of alleged untoward incident as a result of which deceased M.C.Divakaran died. The first appellant is the widow of the deceased and the second and third appellants are the sons of the deceased.

(2.) ON the basis of the documents on record, the learned Member of the Tribunal accepted the case of the respondent that while attempting to cross the tracks, the deceased was knocked down and therefore, this was not an untoward incident of fall from the train. Though inquest panchnama revealed that the deceased was possessing a season ticket and identity card, the Tribunal held that the deceased was not a bona fide passenger.

(3.) HENCE, I pass the following order :