(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.
(2.) THIS is an Appeal preferred by the Railways against the compensation awarded by the Member (Technical), RCT/Patna Bench vide order dated 08.12.2009 in Claim Application No. OA 000115/2004 to compensate death of respondent's son Ranjeet Rajak, who while traveling through Train No. 5211 from Samastipur to Ludhiana met with an accident and died. The dead body of the deceased was disposed of by concerned authorities as unknown. Anyhow, roughly after 7 to 8 months, on the basis of photographs and belongings from the person of deceased, he could be identified and, then and then only, the claimant -mother and other concerned could know about his death and preferred the claim application.
(3.) THE verdict of the Claim Tribunal has been challenged by the Railways only on the ground that deceased perhaps was traveling on the roof of the train so the accident, if any, taken place that was due to his fault and ignorance of regular instructions announced by the Railways Authority prohibiting traveling on roof of the trains. But such defence is nothing more presumptive. In absence of any evidence in support of such assertion cannot be accepted especially when statement of the two witnesses on behalf of claimant about boarding of the deceased in a compartment of the train remained unchallenged.