ZAIBUN NISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal is filed by the appellants/claimants being aggrieved of judgment dtd. 10/6/2019 passed by Dr.Dinesh Kumar Tripathi, Member (Technical), Railway Claims Tribunal, Bhopal Bench, Bhopal in Claim Application No.OA1 IIu/BPL/2014/427 rejecting their claim filed on account of the accidental death of Mohammad Salim @ Salim S/o. Late Gafoor Khan due to fall from the train on 23/8/2014 when his dead body was recovered at KM-834/22-24 on the down-track and refusing to accept the deceased to be a bonafide passenger.

(2.) Learned counsel for the appellants drawing attention of this Court to the Report of the Senior Divisional Safety Commissioner, Bhopal dtd. 22/1/2019 as has been brought on record by the Railway Authorities alongwith their written statement submits that in Paragraph No.8 of the said report itself, it is mentioned as under:- <IMG>JUDGEMENT_166_LAWS(MPH)7_2022_1.jpg</IMG>

(3.) Learned counsel for the appellants submits that filing of the original ticket at a belated stage cannot be said to be a ground for rejection of the claim application when in the D.R.M report itself, it is mentioned that during the search of the deceased, the Ticket bearing No.B-63082559 dtd. 23/8/2014 for journey between Hoshangabad to Bhopal was recovered. Thus, the Railway Claims Tribunal erred in holding the deceased not to be a bonafide passenger.