KHUDA MUNDAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) Learned counsel for the appellant, Mr. D.K. Malityar has submitted that claim application preferred by Smt. Khuda Mundain, who lost her husband (Bandhna Munda) in an untoward incident while travelling by the train No.RL 02 passenger on 02.05.2013, has been dismissed by the learned Member (Judicial), Railway Claims Tribunal, Ranchi Bench, in terms of judgment dated 24.07.2015 in Case No.OA(IIU)/RNC/2013/0094 on the ground that in absence of any credible eye witness, coupled with the inconclusive finding of the final report brought on record as Exhibit-A5, the applicant has failed to discharge the initial burden of proof to establish that the victim (Bandhna Munda) died due to accidental fall from the train No.8RL on 01.05.2013 and thus, was not a victim of Untoward Incident as defined under Section 123(c)(2) Railway (Amended) Act, 1994.

(3.) Learned counsel for the appellant has submitted that while deciding the issue no.1 with regard to bonafide passenger, the learned Tribunal has ignored the evidence brought on record and has given a wrong finding that inquest report (Exhibit-A4) does not show about the recovery of any ticket though A.W.-2 (Sri Jitu Munda) in his affidavit has stated that victim had purchased ticket. His evidence can be considered credible as analyzed by the trial court while adjudicating in issue no.2.