JAI PAL PARDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Award dtd. 27/11/2012 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh in Case No. OA-II/39/2011, by which the claim application filed by the claimant/applicant has been dismissed after holding that the applicant has not been able to prove that he was a bona fide passenger.

(2.) The respondent-Railways filed written statement denying and disputing the averments made in the claim petition and raised an issue that, since the deceased was not having railway ticket, he cannot be held to be a bona fide passenger. Further, the accident would not be covered under the provision of Sec. 123-C and 124-A of the Railways Act, 1989.

(3.) The Tribunal, upon appreciation of rival pleadings, framed following issues: