KEDAR NATH SINGH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred by the claimant-appellant against the order dated 27th September, 2010 passed by the Railway Claims Tribunal, Patna Bench in Claim Case No. OA00095 of 2000, dismissing the claim of the appellant. This is an admitted case of the parties that dead body of a male was found lying near railway track and adjacent to same one chit of paper containing the name of one Krishna Pratap Singh @ Nanhe Singh of Village-Gopalpur, P.S.-Baniyapur, District-Chapra and phone numbers-87441/87854/74288, was also found kept beneath stone chips, whereon, the Assistant Station Master, Durondha, through memo, intimated the police officials, who instituted a case, investigated the matter and also contacted on the phone numbers, giving rise to arrival of the relatives out of whom, the parents are the claimants.

(2.) It is the case of the appellant that the deceased was traveling in a train bearing No. 5207 UP (Aamrapali Express) and fell down resulting into his death giving rise to filing of the claim case which was contested mainly on the ground of identity of the deceased and of being a bona fide railway passenger in absence of railway ticket and the Claim Tribunal accepting the objections dismissed the claim application.

(3.) It is contended on behalf of the appellant that it is the Railway Authorities, who found the dead body lying near the railway track, came into action and they also found the said chit whereon the name, address and telephone numbers were written. No doubt, there is no reference of railway ticket in the inquest report prepared roughly after twenty four hours and during the period the body was lying alone or under the control of the Railway Authorities. On the other hand, it is contended on behalf of the respondent that as per the claimants, their deceased son was aged about 18 years, whereas, the age of the deceased in the inquest report as well as in the post mortem report has been given 35 years and there is no evidence to establish the deceased had a valid ticket, consequently, the Claim Tribunal has arrived at right conclusion. Hence, no interference is required.