FAO No. 2068 of 2009 (O&M 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 2068 of 2009 (O&M) Date of decision: July 28, 2009 Union of India ........ Appellant Versus Parwati .......Respondent Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Nitin Kumar, Advocate for the appellant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. This is an appeal filed against the order dated 31.10.2008 passed by the Railway Claims Tribunal, Chandigarh Bench, vide which the claim of the applicant/respondent was allowed and the appellant, herein, was directed to deposit Rs.4,00,000/- with simple interest at the rate of 9% per annum from the date of filing of the claim application i.e. 07.02.2006 till its realisation. While challenging the aforesaid order passed the Railway Claims Tribunal, learned counsel for the appellant submitted that according to the claim application, the deceased died on the spot after falling from a train, while according to the evidence by way of station memo, it is clear that the deceased had not died at the place of the alleged accident, but was found in an injured condition at least 10 feet away from the railway track. He further submitted that FAO No. 2068 of 2009 (O&M 2 it has also not been established from which train the deceased had allegedly fallen down as no train passes the track at the time of the alleged occurrence. After having gone through the pleadings and having heard the learned counsel for the appellant, I do not find any ground to interfere in the order dated 31.10.2008 passed by the Railway Claims Accident Tribunal. A finding of fact has been record that the deceased was travelling on 29.03.2006 by a passenger train from Laharagaga to Hissar. Learned counsel for the appellant has not been able to deny the fact that the deceased was having a valid journey ticket and during his journey, he fell down in between at Km. 36/6-7 near the Railway Station Uklana and on jamatalashi of the deceased, ticket No. 54462 was recovered. It is a very important piece of evidence. In view of this, the Tribunal has rightly concluded that the deceased was a bona fide passenger. Further, the possibility of the injured victim having made an effort to walk to save place in order to save himself, cannot be ruled out. Thus, the argument of learned counsel for the appellant that the injured was found at least 10 feet away from the Railway track and, therefore, he was not injured on account of fall from a train, cannot be accepted. The deceased was a bona fide passenger and was admittedly carrying a valid ticket. In view of the discussion made above, the present appeal is dismissed being devoid of merits. (Nirmaljit Kaur) Judge July 28, 2009 mohan