GOBINDA PRADHAN Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This is an application under Sec. 23 of the Railway Claims Tribunal Act, 1987 filed by the claimant -Appellant challenging the order dated 9th August, 2007 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No. l28 of 1997 dismissing the claim application of the claimant.

(2.) The facts of the case as narrated in the record are as follows:

(3.) The learned Counsel appearing for the Appellant -claimant submitted that the finding of the Tribunal that the deceased was not a bona fide passenger was not based on proper appreciation of the materials on record and the conclusion that it was a case of run over is perverse. Rather, the deceased was a passenger with ticket and died due to untoward incident as defined under Sec. 123 and 124A of the Railways Act. Though the driver of the train was the most important witness with regard to the accident in question, he was not examined in the case by the railway authority. The conclusion of the Tribunal that the deceased was not a bona fide passenger having valid ticket is not sustainable. On remand of the claim application from this Court for de novo trial, the Tribunal did not consider the case in its proper perspective and rejected the claim again with the same finding that the claimant led false evidence. Therefore, interference with the impugned order is warranted.