GUDDI AND ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants, through this appeal, assail the Judgment dtd. 16/5/2013 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, in Case No.OA-II/295/2011, by which the claim application filed under Sec. 16 of the Railway Claims Tribunal Act, 1987, by the claimants/applicants-appellants, has been dismissed.

(2.) The respondent contested the claim by filing the written statement denying and disputing the averments made in the claim application and also taking a stand that he was not a bona fide passenger and the incident cannot be termed to be an untoward incident in terms of Sec. 123(c)(2) read with Sec. Sec. 124-A of the Railways Act, 1989. The age of the deceased in the claim application stated to be 27 years, however, the post mortem report reveals it to be 28-30 years, but the Secondary School Certificate which is on record states the date of birth as 11/11/1994. According to the certificate the deceased was merely of 17 years of age.

(3.) The Tribunal has held that the deceased cannot be taken as a bona fide passenger as there is no evidence on record that he boarded a particular train after purchasing a ticket and no ticket was found from his purse. Thus, the Tribunal has presumed that it was self inflicted injury which must have taken place at the time of crossing the railway line unauthorisedly.