- (1.) HEARD learned Counsel for the parties'.
(2.) ONE Jai Vir Singh died in a rail accident while travelling in Train No. 5708 Dn Amritsar Katihar Express on 23.8.2001. He was having second class ordinary journey ticket which alleged to have been lost in the incident. He accidentally fell down from the train in question near Etawah railway station and died on the spot. Inquest report was prepared. The dependent of the deceased Jai Vir Singh had approached the Tribunal for payment of compensation to the tune of Rs. 4,00000/ -. The tribunal by impugned award awarded compensation of Rs. 3,00000/ - to Smt. Madhav Kumari wife of the deceased and Rs. 1,00000/ - to Shri Vir Singh the son of the deceased. Feeling aggrieved, the present appeal has been preferred under Section of the Railways Act. While assailing the impugned award it has been stated by the learned Counsel for the appellant that the deceased was not a bonafide passenger, hence, dependents are not entitled for any compensation under the Act. It has been stated by the respondent's counsel that admittedly, Jai Vir Singh was traveling in the train on 23.8.2001 and fell down from the train in question near Etawah and died on the spot.
(3.) THE submission of learned Counsel for the respondents is that while falling down from the train the ticket must have been lost and there shall be presumption under Section of the Evidence Act with regard to bonafide passenger.;