- (1.) HEARD learned Counsel for the appellant and learned Counsel for the respondents.
(2.) SMT Savitri Devi, widow of Late Shiv Prasad Tiwari (deceased) approached the Railway Claims Tribunal, Lucknow for payment of compensation under Section of Railways Act, 1989, in short, Act with the allegation that her husband Shri Shiv Prasad Tiwari was travelling in train No. 5222 Rapti Sagar Express on 25.2.2003. He was going from Lucknow to Kanpur Central after purchasing a second class journey ticket. On account of sudden jerk, he fell down from the train and later on succumbed to the injuries. The inquest report was prepared at Medical College, Lucknow. However, it has been stated by the claimant that the ticket could not be recovered from the body of the deceased. The appellant filed written statement before the tribunal for payment of compensation under Section of the Act. The tribunal observed that the deceased was travelling in the train and all of a sudden, on account of sudden jerk, he fell down and the ticket could not be recovered from the body of the deceased. However, the tribunal observed that there is a presumption under Section of the Indian Evidence Act with regard to the bona fide passenger. The submission of the appellant's counsel is that the deceased cannot be treated to be a bona fide passenger as no ticket was recovered from his body.
(3.) ON the other hand, learned Counsel appearing on behalf of the respondents submits that the deceased was having ticket. However, since he had fallen down from the train due to sudden jerk, he might have lost his sense resulting loss of ticket from his possession. He also submits that in such circumstances, loss of ticket is very common. He further submits that the appellant has not led any evidence to establish that the deceased was not a bona fide passenger.;