IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.156 of 2009 MOSTT.KALESHWARI DEVI, WIFE OF LATE RAM NARESH RAM, RESIDENT OF VILLAGE – RAMPUR BALRA, P.S. KURHANI, DISTT. MUZAFFARPUR. ------ (APPELLANT IN THE TRIBUNAL) …. APPELLANT Versus THE UNION OF INDIA REPRESENTED THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR (BIHAR) (RESPONDENT IN TRIBUNAL)…. RESPONDENT. ----------- 3. 07.02.2011 Heard the parties. The appellant is aggrieved with the Judgment/order dated 16.12.2008 passed in O.A. 000195 of 2004 passed by Railway Claims Tribunal, Patna Bench. The Tribunal held firstly that the appellant could not have filed the claim petition and secondly, there was no proof that the appellant’s husband was a bona fide passenger. The learned counsel for the appellant submits that on both the two counts, the Tribunal was wrong since as per Section 125 of the Railway Act, the claim could be filed by any dependent and the appellant being the wife of the deceased, evidently was a defendant. Secondly, as per the final report submitted in the matter by the Police on 25.9.2007, it is also evident that a railway ticket from Patna to Hilsa was found on the person of the deceased and, therefore, there is no doubt that he was a bona fide passenger. If the same had not been produced by the appellant, it could not be held against her since the ticket evidently had been recovered by the Police and, therefore, it would rightfully have been in possession of the 2 Police alone. Considering the said submissions, the application is allowed and the Judgment/order dated 16.12.2008 passed in O.A. 000195 of 2004 by Railway Claims Tribunal, Patna Bench, is set aside with the direction to the Railway Claims Tribunal to decide the matter afresh and pass appropriate order within a period of next nine months. S.Ali ( Anjana Prakash, J.)