THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1016 of 2010 Date: 19.10.2011 Between: M.A. Hameed & others. …Appellants And Union of India, rep. by its General Manager, South Central Railways, Secunderabad. …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 1016 of 2010 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred aggrieved by the order, dated 18.08.2010, in O.A.A.No.305 of 2005 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby the Claims Tribunal has dismissed the claim application filed by the appellants/applicants claiming compensation for the death of Hansari Begum in a railway accident, only on the ground that the appellants have not produced valid documents to prove that they are the dependents of the deceased. 2. Section 124A of the Railways Act, 1989 inter alia provides that the dependents of the deceased have to file a claim application for seeking compensation in case of death of a person in untoward incident and such person shall travel in a train carrying passengers with a valid ticket. As seen from the impugned order, a reasonable opportunity was not given to the dependents of the deceased to produce the necessary records to show that they are the dependents of the deceased. Therefore, one more opportunity can be given to the appellants to adduce evidence both oral and documentary, to show that they are the dependents of the deceased and also to prove their case that the death of the deceased took place in an untoward incident and that the deceased was a bona fide passenger travelling in a train carrying passengers. 3. Accordingly, the appeal is allowed and the impugned order is set aside. The matter is remanded to the Claims Tribunal giving two months’ time from the date of receipt of a copy of this order to the appellants to produce evidence with regard to their dependency and thereafter another two months’ time shall be given to the railway administration to produce their evidence, if any. Thereafter, the Claims Tribunal shall dispose of the claim application on merits in accordance with law. No costs. _______________ K.C. BHANU, J Date: 19.10.2011 ES