(1.) Appellant/Opposite Party has challenged the order dated 12.10.2012 passed by the Member, Technical, Railways Claims Tribunal, Patna Bench, Patna in Claim Case No. OA 00241/2002 allowing the claim petition.
(2.) Respondent/claimant, Smt. Manbirti Devi filed Claim Petition on account of death of her husband, Nand Lal Prasad in an untoward incident while he was travelling by Mughalsarai Gaya Passenger (052 DN) on 04.07.2002 having Monthly Season Ticket bearing No. H08014274 which was issued on 05.06.2002 and was valid up to 04.07.2002 to and fro from Sasaram to Jahkhim Railway Station, at Chiraila Pathu Block Halt.
(3.) Appellant/Opposite Party appeared and filed WS. Apart from raising ornamental objection, it has also been stated that the deceased had not died in an untoward incident in terms of Provision 123 of the Railways Act and further, also questioned the date of untoward incident which the deceased allegedly met on 04.07.2002. Furthermore, it has also been stated that the ticket was neither shown to the Station Manager nor it was seized by the GRPS and on account thereof, was not a bona fide passenger. It has also been pleaded that applicant happens to be under liability to substantiate that cause of death does not fall within the exception of Sec. 124A so detailed under Sub-Section-A to E.