UNION OF INDIA REP Vs. RAZIA BEGUM

JUDGEMENT

(1.) This appeal is preferred under Section 23 of the Railway Claims Tribunal Act 1987, (for short "The Act") by the Union of India, aggrieved by the order passed by the Railway Claims Tribunal, Secunderabad Bench, in O.A.A.No. 59 of 1998.

(2.) The 1st respondent died during the pendency of the appeal. The respondents filed the claim before the Railway Claims Tribunal Secunderabad (for short "the Tribunal") stating that late Mohammed was a resident of Krishna (Railway Station) in Karnataka State. It is stated that he went to the station at Midnight, intervening 5/6-01-1995 to catch the Rayalaseema Express, to go to Yadgir, for the purpose of purchasing fertilizers. They pleaded that after purchasing the ticket he boarded the train at about 1:45 hours and slipped from it when the train was in movement, and died instantly. It was their case that he was a bon fide passenger and that they are entitled to be paid compensation in accordance with the provisions of the Railways Act.

(3.) The appellant filed a written statement. It has denied the very occurrence of accident, resulting in the death of the deceased as well as its liability. A plea was raised to the effect that the ticket, which was said to have been recovered from the body of the deceased, was in fact, planted with an oblique motive. On a consideration of the oral and documentary evidence adduced before it, the Tribunal awarded a sum of Rs. 2,00,000/-, as compensation, to the respondents, through its order dated 04-11-1998. Hence this appeal.