NARSHIMA ANNAJI PUROHIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard advocates for the appellants and respondent. This appeal is filed by the original applicants whose claim petition came to be dismissed by the Railway Claims tribunal by judgment dated 25-3-1999 in application No. 9800011.

(2.) The Appellants are the parents of deceased Prasad Narshima Purohit who died at the age of 18 years while he was travelling by Ambernath local train from Dombivli to ulhasnagar and fell down from a running train near Ulhasnagar Station on 7-11-1997 at about 4.30 p. m. and sustained injuries and died as a result of the injuries. According to the appellants, deceased Prasad was holding second class card ticket which was lost in the accident.

(3.) When the claim petition, claiming rs. 4 lacs, was filed, it was opposed by the railway on the ground that firstly deceased prasad was not the bonafide passenger and, secondly the accident was not as a result of negligence on the part of the railway, but the deceased died due to his own negligence. The railway did not admit any contention raised by the appellants as is their usual approach in such matters. The applicants led evidence of one of friends of deceased Prasad. He was Vikram singh Bist was aged about 16 years at that time and, the appellants also examined themselves. On behalf of the railway one Chief Booking supervisor was examined. The tribunal rejected the claims holding that there was no evidence to suggest that the deceased was bonafide passenger. So far as Issue No. 2 is concerned, the tribunal, however, gave finding in favour of the applicants i. e. deceased Prasad died as result of falling down from the train and the death in question is covered under Section 124 (A) of the Railways Act. But as the finding on Issue No. 1 was against the appellants the application was dismissed. Hence this appeal.