FAO No. 4378 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4378 of 2007 (O&M) Date of decision: 1.12.2009 Smt. Parveen Akthar and others ..Appellants v. Union of India .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Mohd. Yusuf, Advocate for the appellants. Mr. Kulvir Narwal, Advocate for the respondent. .. Rajesh Bindal J. Challenge in the appeal is to the order dated 21.12.2005, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, `the Tribunal'), whereby the claim petition filed by the appellants was dismissed as time barred. The claim petition was filed by the legal heirs of deceased- Mohd. Khalil, who died in an accident which occurred at a manned-crossing. He was one of the occupants of the canter along with deceased-Kewal Khan. The legal heirs of Kewal Khan have been granted compensation by this Court in C.W.P. No. 11338 of 2008 –Talvir Khan and others v. Union of India and others, decided on 28.4.2009. Learned counsel for the respondent raised a preliminary objection regarding maintainability of the claim petition before the Tribunal on the plea that jurisdiction of the Tribunal is limited to the grant of compensation to the passengers, who have valid travelling tickets. In the present case, as the deceased was not a passenger, the Tribunal did not have the jurisdiction to grant compensation. In the case of Talvir Khan's case (supra), the compensation to the legal heirs of deceased-Kewal Khan was granted by this Court under writ jurisdiction. Considering the aforesaid facts, learned counsel for the appellants submitted that he may be permitted to withdraw the present appeal with liberty to avail of alternative remedy in accordance with law. Learned counsel for the respondent does not have any objection to the same. Accordingly, the present appeal is dismissed as withdrawn with FAO No. 4378 of 2007 [2] liberty to avail of any other remedy to claim compensation on account of the death of Mohd. Khalil in accordance with law. (Rajesh Bindal) Judge 1.12.2009 mk