- (1.) For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed. Delay of 92 days in filing the appeal is condoned. F.A.O.No. 5928 of 2010 This appeal has been filed by the appellant-claimant challenging the order dated 07.08.2009 passed in OA-II/08/2008 decided by the Railway Claims Tribunal, Chandigarh Bench,Chandigarh (hereinafter referred to as 'the Tribunal').
(2.) As per averments made in the claim petition, the claimant is husband of deceased Rinku Kumari alleged to have died in accidental fall and run over by Malwa Express while waiting for the train to travel from Sonepat to Jammu Tawi. The claimant claimed compensation of Rs. 10 lacs under Section 124(A) and 124 read with Section 16 of the Railway Claims Tribunal Act, 1987. The claim petition was contested by the Railway by filing reply and taking up objections that the petition was not maintainable as alleged accident has not taken place with the train Malwa Express at the relevant time. It has been submitted that deceased has not started her journey from Sonepat to Jammu Tawi on 29.05.2007 at 6.00 A.M. by train No. 2919 Malwa Express. The time of the accident has not been mentioned intentionally and as on the relevant date the train has reached the railway station at 10.27 and departed at 10.47, the story regarding hit by the Malwa Express was false and not believable at all.
(3.) The following issues emerged from the pleadings of the parties: "1. Whether the deceased was a bonafide passenger as alleged? 2. Whether the incident in question is covered within the ambit of Section 123 (2) of the Railways Act? 3. Whether the applicant is the only sole dependant of the deceased?" 4. Relief.";