RANJAN ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal filed under Section 23 of the Railway Claims Tribunal Act, is directed against the order dated 10.9.2009 passed by the Railway Claims Tribunal, Patna Bench, Patna in claim application bearing O.A. No. 00168/1999, whereby the claim case has been dismissed. Mr. Dhirendra Nath Jha has appeared on behalf of the appellant while the respondent railways has been represented by learned counsel Mr. Anil Kumar Sinha.

(2.) Facts of the case briefly stated is that the wife of the claimant boarded the 3040 Down Janata Express at Kiul Station for going to Mananpur on 18.6.1998. The wife of the claimant is stated to have an accidental fall while in process of getting down at the Mananpur Station due to jerk and jostling amongst the passengers and came under the wheels of the train and suffering fatal injuries died on the spot. The second class railway ticket of the deceased, was found missing. The claimant husband of the deceased setting up a claim of Rs. 5,00,000/- filed the application on 25.6.1999 under Section 125 of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 giving rise to O.A. No. 00168 of 1999. Whereas except a one page written statement containing ornamental objections no written or oral evidence was led by the Railways to contest the claim, the claimant filed the following documentary evidence in support of his claim:--

(3.) The tribunal on the basis of the rival pleadings framed six issues of which issue No. 2 relatable to untoward incident and issue No. 3 relatable to bona fide passenger are issues relevant for adjudication of this appeal. The tribunal while reading into the documentary evidence led by the claimant has held the case to be that of a "run over" and not a case of "untoward incident" falling within the purview of Section 124-A of the Railways Act, 1989 (hereinafter referred to as "the Act"). On the issue of missing ticket also it has been held by the tribunal that the burden of proving that the deceased was travelling on a valid ticket squarely fell upon the claimant and in absence of its production, the deceased would not be treated to be a bona fide passenger in terms of the explanation provided under Section 124-A of the Act and thus would not be entitled to any compensation. While expressing such Opinion the learned Technical Member as the single member bench constituting the tribunal, has gone beyond his jurisdiction to pass unwarranted remarks over the judicial pronouncement of the superior courts on the issue of bona fide passenger which this Court would be taking note of hereinafter in this judgment.