HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY C.M.A. No. 310 of 2006 Date: 04.02.2011 Between: Adikanda Panda and another …Applicants And: Union of India represented by its General Manager, South Central Railway, Secunderabad. …Respondent HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY C.M.A. No. 310 of 2006 JUDGMENT: The appeal is filed under Section 23 (1) of the Railway Claims tribunal Act against the order dated 17.10.2005, passed in O.A.A.No.262 of 1998 on the file of the Railway Claims Tribunal at Secunderabad, dismissing the plea of the appellants/applicants therein to award compensation of Rs.4,00,000/- following death of their son, namely, Sanjay Kumar Panda. The application was filed under section 16 of the Railway Claims tribunals Act read with Sections 124-A ad 125 of the Railways Act. The appellants herein are the applicants and the respondent herein is the respondent before the tribunal. The parties will herein after be referred to as arrayed before the tribunal for the sake of convenience. The case of the applicants in brief is as follows: On 15.10.1998, the deceased after purchasing a train journey ticket boarded in a general compartment of Train No.2841 Howrah- Chennai Coromandal Express and while traveling in the train, he slipped and fell down accidentally from the train at about 02:15 A.M. on the intervening night of 15/16.10.1998 at Palasa Railway Station and his body came underneath the wheels of the train and the train ran over his body and the body was cut into two pieces and he died on the spot. The deceased was a bonafide passenger of the train. Hence, the application. The respondent filed written statement denying totally the pleas taken by the applicants. On the strength of the trial, the tribunal framed the following issues: (i) Whether the Applicants are the dependents of the deceased? (ii) Whether on the deceased was a bonafide passenger of train No.2841 Howrah – Chennai Coromandal Express traveling from Howrah to Visakhapatnam on 15.10.1998? (iii) Whether the death of the deceased was caused due to an untoward incident as defined under Sec.123 (c) of the Railways Act. (iv) Relief and costs? On behalf of the applicants, the 1st applicant got examined himself as A.W.1 and examined another witness as A.W.2 and got marked Exs.A.1 to A.4 which happen to be relevant M.R.O. Certificate, Death Certificate, FIR and Inquest Report respectively. Examining the material available on record, the tribunal held the first issue in favour of the applicants and the 2nd and 3rd issues against the applicants. The tribunal mainly dismissed the application on the ground that no ticket was recovered and no eye witness was examined to establish that he travelled by the train as bonafide passenger. Therefore, it is to be considered as to whether the deceased travelled by the train and whether he was bonafide passenger of the train. POINT: Initially, the applicants are burdened with establishing that the deceased actually travelled by the train and when that aspect is proved affirmatively, then it is for the respondent to dispute that he was not a bonafide passenger of the train. It is pertinent to note here that no ticket of the deceased was recovered at the time of inquest and further, no eye witness to the incident was examined. Further, the F.I.R. was registered on the basis of information given by the Deputy Superintendent of the Railway Station to the effect that he saw one dead body at the place of the accident. The Inquest Report says that the deceased received injuries as the train passed over him. These circumstances are not sufficient to upheld the claim of the applicants with regard to the question of travel by the train as bonafide passenger. The tribunal considered the matter properly and there is no reason to interfere with the same. There are no merits in the appeal and hence, it is liable to be dismissed. In the result, the appeal is dismissed. No costs. _____________________________________ Justice G. KRISHNA MOHAN REDDY Dated 4-2-2011. Dvs/Ksm HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY C.M.A. No. 310 of 2006 Date: 04.02.2011