YOGESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 29/04/2008 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 09/OA-II/RCT/ Ngp/2006.

(2.) The facts giving rise to the appeal wherein stated in nutshell as under.

(3.) Respondent/railway resisted the claim on the ground that no untoward incident has occurred on 21/08/2004. It is further contention of the railway that, as per the Marg report, the date and time of the accident was 21/08/2004 at 8.00 hours. The statutory investigation report says that train No. 3GC running towards Gondia arrived at Sondad at 11.16 hours and at Khodseoni at 11.27 hours. However, the dead body of the deceased was noticed at 8.45 hours. It means the alleged incident has not occurred by the morning train passed through Sondad Railway Station. It is further contention of the railway/respondent that the deceased was not a bonafide passenger as the ticket produced is filed on record is dtd. 20/08/2004 Sondad to Gondia.