IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.316 of 2010 GANAURI TURIYA, S/O LATE PANCHU TURIYA @ BANSFORE, R/O VILLAGE GOVINDPUR, P.S. DHARHARA, DISTRICT MUNGER .. APPELLANT Versus THE UNION OF INDIA THROUGH GENERAL, EASTERN RAILWAY, KOLKATA (W.B.) .. RESPONDENT **** /4/ 28 July 2010 Heard the learned counsel for both the parties. 2. This Miscellaneous Appeal is directed against the order, dated 14.08.2008, passed by the Railway Claims Tribunal, Patna Bench, Patna, by which the claim of the appellant was rejected on the ground that it is established that the deceased was not a bonafide passenger. While considering the case of the appellant, it has taken into consideration that the appellant in the main petition in paragraph asserted that she had got a ticket of second class from Jamalpur to Mirzachowki, but, the same was lost in the accident. The witness, P.W. 2, in evidence, stated that the ticket was lost in the accident and the same witness during cross examination stated that said ticket was taken by the Train Ticket Examiner and, again, this witness in her affidavit stated that the deceased has purchased a ticket of 2 second class which was taken by the local police or lost in accident and, hence, the statement given by this witness is contrary and not reliable to hold that the deceased was a bonafide passenger. The evidence of P.W. 2 is not consistent. However, under the facts and circumstances, the finding regarding the deceased not being a bonafide passenger based on sound reasoning based on evidence considered by lower Court regarding deceased being a bonafide passenger having not been established, I do not find any merit in this case, hence, it is dismissed. Cp:2/S.A. ( Gopal Prasad, J. )