UNION OF INDIA Vs. VIJAY LAXMI & ORS

JUDGEMENT

(1.) The present appeal has been filed by the appellant-Union of India under Section 23 of the Railways Act, 1989 (hereinafter referred to as 'the said Act') challenging the order dated 23.11.01 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') in OA-II-47/98, whereby the Tribunal has awarded the compensation to the tune of Rs. 4 lacs with interest @ 9% per annum to the respondents-claimants.

(2.) The short facts giving rise to the present appeal are that the respondents had filed the claim petition before the Tribunal claiming compensation under Section 124-A of the said Act, on the ground that Shri Kailash Chand Pareek (deceased) husband of the respondent No.1 and father of the respondent Nos. 2 to 5 was travelling in Second Class in Train No. 192 Jaipur-Kota Fast Express on 30.11.97 and he died as a result of falling down from the said train. The said claim petition was resisted by filing the written statement denying the accident in question and also contending interalia that the deceased was not a bonafide passenger. The Tribunal after appreciating the evidence on record awarded the compensation as mentioned hereinabove.

(3.) It has been submitted by the learned counsel Mr. A.K. Bhargava for the appellant that there was no evidence produced by the respondents to prove that the deceased was travelling in the train in question and had died as a result of falling down from the train. He also submitted that the deceased was not even the bonafide passenger and, therefore, the claimants were not entitled to claim any compensation under Section 124A of the said Act.