P RAMASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed against the order, dated 24-11-1997 passed by the Railway Claims Tribunal, Secunderabad Bench in O.A.A.No.21 of 1997.

(2.) The appellant is the claimant, who laid a claim before the Tribunal, claiming compensation in respect of the death of his wife Smt. Geeta. It is the case of the appellant that himself and his wife Smt. Geeta were travelling from Bollaram to Dayanandnagar on 1-1-1997 by local train No. BS 16. The appellant and his wife boarded in two different compartments. When the train reached Ramakrishnapuram Railway Station, the wife of the appellant got down from the compartment in which she was sitting and tried to enter into the compartment in which the appellant was sitting. In the process of getting down from the compartment, she fell and came under the wheels of the train and died instantaneously. Therefore, the appellant laid a claim for compensation.

(3.) The Tribunal found that the accident falls within the definition of "untoward incident", but however on the question of coming to the bona fides of the passenger, a dispute arose with regard to the railway ticket. Admittedly the deceased was possessing ticket No. 73881 and it was the contention of the Railways that the said ticket was issued on 2-1-1997 and it was not issued on 1-1-1997. On this basis the Tribunal referred the ticket in question along with sample tickets to the Forensic Science Laboratory for expert's opinion. The Expert of the Forensic Science Laboratory gave his opinion to the effect that the ticket in question was punched on 1-1-1997, but not on 2-1-1997 as claimed by the Railways. However, another contention was raised by the Railways before the Tribunal that tickets were issued at 20.00 hours while the train started at Bollaram Railway Station at 19.20 hours and therefore, the ticket in question does not relate to the passenger, who died in the accident. This contention was accepted by the Tribunal and the Tribunal held that the deceased Smt. Geeta was not a bona fide passenger and accordingly dismissed the claim petition, by order 24-11-1997, against which the present appeal is filed.