SNEH PRASHAR,J. - (1.) CM-1222-CII-2014 There being delay of 77 days in filing the appeal, an application under Section 5 of the Limitation Act for condonation of delay was filed by the appellant. Considering the averments made in the application, the delay in filing the appeal is condoned and the application is disposed of. FAO-413-2014 (O&M)
(2.) Assailing the judgment dated 04.06.2013 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh, (for short, "the Tribunal") awarding compensation to the tune of Rs. 4,00,000/- to the respondent/claimant in claim Case No.OA-II/261/2011 filed under the provisions of Section 16 of the Railway Claims Tribunal Act, 1987 (for short, "the Act"), the appellant-Union of India, through General Manager, Northern Railway, New Delhi preferred this appeal. The submissions made by Ms. Abha Rathore, learned counsel for appellant have been considered.
(3.) Learned counsel for the appellant argued that the deceased was an army personnel and as per averments of the claimant was travelling in the train on computerized ticket issued against military warrant Ex.Bangalore to Jammu Tawi and had accidentally fallen from the running train between Sarai Banjara and Sadhugarh railway stations. His dead body was found lying in the down-line at KM 304/12 by the key-man. However, during personal search of the dead body, no passenger ticket was recovered from his possession. Learned Tribunal wrongly relying upon the enquiry report of the military authorities had accepted that the deceased was a bona fide passenger and had died in an untoward incident and had proceeded to allow compensation to the tune of Rs. 4 lacs to his mother Smt. Devki Devi (respondent). The Divisional Railway Manager enquiry report as well as the report of the enquiry conducted by the police authorities, according to which the deceased was not a bona fide passenger, were ignored by learned Tribunal.;