KAVILA VASUDEVA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, under Section 23 of the Railway Claims Tribunal Act arises out of an order dated 14-12-2001 passed by the Secunderabad Bench of the Railway Claims Tribunal, in OAA No.213 of 2000.

(2.) The 1st appellant is the husband and the 2nd appellant is the daughter of late Kavila Komalangi. They filed OAA No.213 of 2000 before the Tribunal with the following pleadings: The 1st appellant is a retired railway employee. He was issued a first class complimentary pass by the concerned Railway Authority, by Khurda Road, Orissa State, enabling him and his family members to travel from Tatanagar to Tirupati, between 21-6-2000 to 20-10-2000. The 1st appellant and his wife boarded Konark Express on 14-9-2000 at Berhampur for travelling to Visakhapatnam, for the purpose of distribution of wedding cards, for the marriage of the 2nd appellant, and that when the train was moving at Simhachalam Railway Station, his wife by name, Komalangi, fell down and died instantly. The appellants claimed compensation under the provisions of the Railways Act and the Rules made thereunder.

(3.) Respondent opposed the claim and pleaded that though the 1st appellant held a pass to travel in first class, himself and his wife entered a second-class sleeper coach without proper authority and entitlement, and thereby, they cannot be said to be bona fide passengers. A further contention was raised that the 1st appellant did not obtain the necessary travel tickets by producing the complimentary pass. On a consideration of the contentions put forward before it, by the parties, the Tribunal rejected the claim through the order under appeal.