UNION OF INDIA Vs. SITABAI VASANE

JUDGEMENT

(1.) The appeal is by Railways against the Judgment and Order dated 11012010 passed by the Railways Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 118/OAII/RCT/NGP/2006 awarding compensation in the sum of Rs.4,00,000/ to the respondents. The question raised by the appellant/Union of India Railways in this appeal is as to whether the Railway Tribunal was right to award the claim in favour of the dependents of deceased Bhagwan Tukdoji Vasane on the ground that he, while travelling as a bona fide passenger by Train No.1386 Up NagpurBhusawal Passenger on 11.06.2005, met with an untoward incident covered under Section 123( c ) of the Indian Railways Act, 1989. My answer is affirmative for the following reasons.

(2.) The facts are :

(3.) On behalf of the appellant, it is submitted that the Tribunal erred to pass the Award in favour of the respondent without legal proof of the untoward incident. The Railways had alleged that the deceased committed suicide in front of the train and was not the bona fide passenger in the train for claiming that he had accidental fall from the train due to heavy rush.