K VIDYA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This civil miscellaneous appeal is preferred by the claimants against the order passed by the Railway Claims Tribunal, Secunderabad in O.A.A. No. 135 of 1996 dated 9.12.1997 dismissing the claim for compensation.

(2.) One Bala Krishna Mohan died by accidentally falling down from Nagarjuna Express, while he was trying to board the train on 18.1.1996. Therefore, dependants of the deceased laid a claim for compensation. The Railway Claims Tribunal (for short 'the Tribunal') held that appellantsapplicants are dependants of the deceased. However, on the question as to whether the deceased is a bona fide passenger or not, the Tribunal held that the deceased was not a bona fide passenger. The Tribunal, however, held that the accidental fall of the deceased is an untoward incident covered by section 123 (c) (2) read with section 124-A of the Railways Act. Accordingly, the Tribunal dismissed the claim of the appellants-applicants by its order dated 9.12.1997, against which the present civil miscellaneous appeal has been preferred.

(3.) Learned counsel for the appellants submits that the Tribunal has admitted that the deceased was having a valid railway ticket and that he fell down while trying to board the train No. 7006 from Secunderabad to Guntur. Therefore, the finding of the Tribunal that the deceased was not a bona fide passenger is absolutely misconceived and the Tribunal failed to consider the relevant provisions of the Railway Act.