ash 1 212fa-1643.96 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1643 OF 1996 Union of India. .. Appellant Vs Amrutlal V. Shah & Anr. .. Respondents -- Shri Anand N. Samant for the Appellant. Shri G.S. Mohan Rao for the Respondents. -- CORAM ; A.S. OKA, J DATED : 24TH MARCH, 2011 ORAL JUDGMENT: . Heard learned counsel appearing for the parties. 2. A claim petition was filed by the Respondents invoking Section 124A of the Railways Act, 1989 ( hereinafter referred to as “the said Act” ). 3. The Respondents are the parents of Bharat Amritlal Shah. At the time of accident, Bharat was 22 years old and was working in a firm at Kalbadevi at Mumbai. On 14th August, 1995, he was travelling from Thane to Bombay V.T. by a train for the purpose of attending duties. He was holding a valid season ticket which entitled him to ash 2 212fa-1643.96 travel between Thane and Bombay V.T. Station. It is stated that while travelling from suburban train at about 11.30 a.m., he fell down from the said suburban train near Sandhurst Road Railway Station and received grievous injuries on his head, and he ultimately succumbed to the injuries. 4. The claim was contested by the Appellant by contending that the deceased was crossing the railway track and therefore, this is not a case of untoward incident within the meaning of clause (c) of Section 123 of the said Act. 5. Learned counsel appearing for the Appellant submitted that there was no evidence on record to show that the death occurred as a result of the accidental fall of the deceased from the train carrying passengers. He submitted that the evidence on record shows that the deceased was found lying on the railway track. He submitted that the report of the Deputy Station Superintendent, Sandhurst Road Railway Station, was on record which did not indicate that it was a case of accidental fall. 6. I have given careful consideration to the submissions. The death certificate issued by the Mumbai Municipal Corporation proved the death of the deceased Bharat. The season ticket and identity card ash 3 212fa-1643.96 held by the deceased were produced on record which shows that the deceased was holding a valid season ticket upto 7th September, 1995. Therefore, it was rightly held that the deceased was a bona fide passenger. 7. Apart from a telegram sent by the Deputy Station Superintendent, Sandhurst Road Railway Station which recorded that the deceased was lying on the railway tracks, no other evidence was adduced by the Appellant. The Appellant ought to have substantiated its case that the deceased was knocked down while walking across the railway tracks. There was no evidence adduced by the Appellant in this behalf apart from the telegram which has no evidentiary value as personal knowledge of the said Deputy Station Superintendent was not established. The deceased was possessing a valid season ticket from Thane Railway Station to Bombay V.T. Railway Station and he was found near the Sandhurst Road Railway Station which is in between Thane and V.T. Railway Stations. Therefore, a finding of fact has been recorded by the Tribunal that the deceased was a bona fide passenger travelling by a suburban train and that it was a case of accidental fall covered by Sub-clause (2) of Clause (c) of Section 123 of the said Act. There is no reason to find fault with the findings recorded by the Tribunal. The compensation was fixed at Rs.2 lakhs is in terms of the Rules. ash 4 212fa-1643.96 8. Hence, I pass the following order. ORDER : (a) The Appeal is dismissed with no orders as to costs. (b) If the Respondents have not withdrawn the entire compensation amount, they will be entitled to withdraw the same together with interest accrued thereon. (c) Civil Application No.7064 of 2006 does not survive and the same is disposed of. ( A.S. OKA, J )