AGAM SHANTHAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the claimant challenging the order dated 25.10.1996 passed in O.A.A. No. 18 of 1996 by the Railway Claims Tribunal, Secunderabad Bench at Secunderabad.

(2.) A claim was laid by the legal heir of the deceased passenger alleged to have died by accidental fall from train No. 348 while travelling from Zahirabad to Vikarabad. The matter was resisted by the Railways. Basing on the respective pleadings, the Railway Claims Tribunal framed the following issues: (i) Whether the deceased was a bona fide passenger? (ii) Whether the deceased fell down from the train and died as a result of the injuries? (iii) Whether the applicant is a dependant of the deceased? and (iv) To what relief?

(3.) The Railway Claims Tribunal after considering the evidence and the material available on record came to the conclusion that the claimant is the legal heir of the deceased passenger. However, the Railway Claims Tribunal held that deceased was not a bona fide passenger on the ground that the railway ticket was not found in his possession. Accordingly, Railway Claims Tribunal rejected the claim, against which the present appeal has been filed.