THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A. No.13 OF 2008 JUDGMENT: 1 This appeal is directed against the order dated 26.09.2007 passed in O.A.A.No.125 of 2003 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad whereunder and whereby an amount of Rs.4 Lakhs was granted to the respondents 1 and 2 towards compensation for the death of one Kolla Chandrasekhar (hereinafter referred to as ‘the deceased’). 2 Brief facts that are necessary for disposal of the appeal are that on 08.04.2003 at about 11.15 AM the deceased along with one Ch.Anjaiah came to Chinaganjam Railway station intending to go to Vijayawada by Circar Express and that while he was standing near the doorway and when the train started with a sudden jerk, he lost balance and slipped accidentally from the train on platform No.3, sustained injuries and died instantaneously. Hence, the respondents 1 and 2 who are the parents of the deceased filed the said O.A.A.No.125 of 2003 before the Tribunal seeking compensation of Rs.4 Lakhs from the appellant. 3 The appellant (Railway) contested the said claim petition by filing written statement contending inter alia that in view of the fact that the dead body was found away from the platform towards Chennai side, which is to the opposite direction to Vijayawada, it is proved that the deceased was not a bona fide passenger of Circar Express. The appellant further pleaded that as per the inquest report, in the early hours of 8/9-4-2003, while crossing the track, the deceased was hit by the train and died due to the injuries he sustained in the accident and that as per the enquiries with the Guard of Circar Express, the train arrived Chinaganjam railway station at 00.22 hours on 09.04.2003 and left at 00.24 hours without any incident noticed by the Guard and nobody brought to his notice any incident of fall from the train nor there was any chain puling to the train and hence prayed to dismiss the claim petition. 4 On the basis of the above pleadings, the Tribunal framed the following issues: i. Whether the applicants are dependents of the deceased Kolla Chandrasekhar? ii. Whether the deceased was a bona fide passenger of train Circar Express travelling from Chinaganjam to Vijayawada, on 08.04.2003? iii. Whether the deceased died as a result of an untoward incident of accidental fall from the train at Chinaganjam railway station? iv. To what relief? 5 During the course of trial, on behalf of the applicants two witnesses were examined as A.Ws.1 & 2 and seven documents were marked as Exs.A.1 to A.7. On behalf of the appellant one witness was examined as R.W.1 and Ex.R.1 was marked. 6 After considering the entire oral and documentary evidence available before it, the Tribunal allowed the said petition and awarded an amount of Rs.4 lakhs to the applicants/respondents as compensation and directed the appellant to deposit the said amount before the Tribunal within sixty days from the date of the order, failing which they are liable to pay interest at the rate of 6% p.a. from the date of the order till realisation. Aggrieved thereby, the appellant filed this appeal. 7 Now the point for consideration is whether the award passed by the Tribunal is correct, legal and valid? 8 The learned standing counsel for the appellant contended that the applicants failed to produce the ticket to show that the deceased was a bona fide passenger travelling in the passenger train and without considering this aspect, the Tribunal granted compensation to the applicants and hence prayed to set aside the impugned order. 9 On the other hand, the learned counsel for the applicants contended that since the evidence of A.W.2 is very clear that the deceased was a bona fide passenger travelling in the train, the Tribunal has rightly awarded the compensation and there are no grounds to interfere with the same. 10 The initial burden is on the applicants to show that the deceased was a bona fide passenger travelling in the passenger train at the time of accident. To show that the deceased was a bona fide passenger, the applicants examined A.W.2 the person who accompanied the deceased to the railway station. His evidence would go to show that the deceased purchased a ticket for boarding the train and after purchasing the ticket only, he boarded the train. The evidence of A.W.2 remained unchallenged. So from the evidence of A.W.2, it is clear that the deceased was a bona fide passenger travelling in the passenger train. 11 No doubt, the police did not find any ticket at the time of inquest on the body of the deceased. But at the same time, possibility of missing of the ticket when the deceased had fallen from the running train cannot be ruled out. Hence it is proved that the deceased died in an untoward incident by accidentally falling from the running train. As a matter of fact, the police, after completion of investigation, filed a final report Ex.A.7 wherein it is clearly stated that there is no fraud in this case. In those circumstances, the Tribunal has rightly granted the compensation to the applicants. Hence, there are no grounds to interfere with the award passed by the Tribunal. 12 The appeal is accordingly dismissed. No costs. _____________ K.C. BHANU, J 08.08.2011 Kvsn