N BUCHILINGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Claimants in O.A.A. No.51 of 1998 before the Railway Claims Tribunal, Secunderabad Bench (for short "the Tribunal") filed this appeal under Section 23 of Railway Claims Tribunal Act.

(2.) The appellants submitted their claim before the Tribunal alleging that late N.Balaraj, son of appellant Nos.1 and 2 and the elder brother of appellant No.3, left Kollapur, his native place for Hyderabad on 11.1.1998 with a view to travel to Bombay on 12.1.1998. He is said to have purchased a journey ticket to travel from Secunderabad to Bombay by 1020-Konark Express. It is stated that they came to know that he died by falling from the train at Vikarabad, only after the dead body was recovered on 14.1.1998. They claimed compensation on account of the death of the deceased.

(3.) The respondent filed a written statement denying its liability to pay the compensation. According to it, there was no untoward incident at Vikarabad Railway Station on 12.1.1998 and that the claim is made with a mala fide intention for unlawful gain. It is further stated that their keyman, by name Lakshmaiah found a dead body near the 'A' Cabin of Vikarabad Railway Station at 7:30 a.m. on 14.1.1998, and there is nothing to indicate that the death of the person took place on account of any accident or accidental fall. As to the allegation that the deceased purchased a ticket bearing No.00608844, the respondent pleaded that though the said ticket as well as a overleaf of Excess Fare Ticket (E.F.T) issued on 12.1.1998 were recovered from the dead body, the deceased cannot be said to be a bona fide passenger, since the deceased was found dead two days later. It has put the appellants to strict proof of the allegations made by the latter. The Tribunal rejected the claim through its order dated 18.6.1999. Hence, this appeal.