UNION OF INDIA Vs. DEVKI DEVI

JUDGEMENT

(1.) CM-1222-CII-2014

(2.) Assailing the judgment dated 04.06.2013 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the Tribunal") awarding compensation to the tune of Rs. 4,00,000.00 to the respondent/claimant in claim Case No.OA-II/261/2011 filed under the provisions of Sec. 16 of the Railway Claims Tribunal Act, 1987 (for short, "the Act"), the appellant-Union of India, through General Manager, Northern Railway, New Delhi preferred this appeal.

(3.) Learned counsel for the appellant argued that the deceased was an army personnel and as per averments of the claimant was travelling in the train on computerized ticket issued against military warrant Ex.Bangalore to Jammu Tawi and had accidentally fallen from the running train between Sarai Banjara and Sadhugarh railway stations. His dead body was found lying in the down-line at KM 304/12 by the key-man. However, during personal search of the dead body, no passenger ticket was recovered from his possession. Learned Tribunal wrongly relying upon the enquiry report of the military authorities had accepted that the deceased was a bona fide passenger and had died in an untoward incident and had proceeded to allow compensation to the tune of Rs. 4 lacs to his mother Smt. Devki Devi (respondent). The Divisional Railway Manager enquiry report as well as the report of the enquiry conducted by the police authorities, according to which the deceased was not a bona fide passenger, were ignored by learned Tribunal.