MARU RAM AND ANOTHER Vs. UNION OF INDIA AND ANOTHER
LAWS(P&H)-2016-5-352
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 11,2016

Maru Ram And Another Appellant
VERSUS
UNION OF INDIA AND ANOTHER Respondents

JUDGEMENT

SNEH PRASHAR,J. - (1.) Assailing the judgment dated 25.02.2011 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the Tribunal") by virtue of which an application filed by the appellants claiming a sum of Rs. 20,00,000/- as compensation was dismissed, the appellants filed the instant appeal.
(2.) Precisely, the averments of the appellants in the application for compensation filed by them before learned Tribunal were that Dara Singh was travelling in train no.5RD from Delhi to Rewari and when the train reached in the area of Jakholi railway station, suddenly Dara Singh fell down from the train due to negligence of the railway department/driver of the train. The deceased was said to be a bona fide passenger as he was having a railway ticket purchased for him by Krishan son of Devi Sahai, resident of village Kerli, District Mahindergarh.
(3.) The application for compensation of the appellants was contested by the respondent-railways. The preliminary objection raised by them was that the application was not maintainable under Section 124-A of the Railways Act, 1989 (for short, "the Act") and that the statement of the witnesses recorded by the G.R.P. reveal that the deceased fell down from some unknown train and with a malafide intention to claim compensation, the train number was lateron mentioned. It was also pleaded that the deceased was not a bona fide passenger as no ticket was found in his possession.;


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