1 fast6940 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL ST.NO.6940 OF 2010 Union of India ...Appellant vs. Prabhakar Annaji Bhor & Ors. ...Respondents Mr.T.J.Pandian for the appellant Ms Poonam Mittal for the respondents CORAM : A.S.OKA,J. DATE : JANUARY 18,2011 P.C.: 1 This is an appeal preferred by the Railways under section 23 of the Railway Claims Tribunal Act,1987. the claim was made by the respondents who are the parents of the deceased. On 27th December 2005, the deceased was traveling from Thane to Vitthalwadi by a suburban train. He accidentally fell down near Thane station and sustained injuries. The case made out by the respondents is that the deceased died in an untoward incident within the meaning of section 124-A of the Railways Act,1989. The claim of the respondents is that the deceased was holding a second class ticket which was lost in the incident. 2 The finding of fact recorded by the Tribunal is that the Station Master s memorandum proves the fact that the deceased accidentally fell down from the local train. 3 The learned counsel for the appellant submitted that the case of the respondents that the deceased was possessing a second class ticket and that it was lost in the incident has been disbelieved by the Tribunal but 2 fast6940 notwithstanding the said finding it is held that the deceased was a bona fide passenger. 4 I have considered the submissions. I have perused the impugned Judgment. The Tribunal in paragraph 6 of the judgment has held that fall from the train has been proved and therefore, it is possible that the ticket may have been lost in the untoward incident and the subsequent shifting of the body. The Tribunal made reference to the evidence of a witness who stated that he saw the deceased purchasing the ticket. The Tribunal has taken into consideration a practical aspect which cannot be disputed that the suburban local trains in the city of Bombay are overcrowded. As far as the manner in which the victims of the accident are attended to and the time span required for attending the victims, no comment is required to be made as these aspects are well known as noted by this Court in some cases. Therefore, inference drawn by the Tribunal cannot be faulted with. Therefore, the Tribunal has rightly held that the respondents are entitled to statutory compensation of Rs.4,00,000/-. 5 There is no merit in the appeal and the same is accordingly dismissed. 6 The amount deposited in this Court shall be transferred to the Tribunal and the Tribunal shall disburse the said amount in accordance with the directions contained in the impugned judgment. 7 Civil application no.4042 of 2010 does not survive and the same is disposed of. JUDGE