SHIV KUMAR SHARMA,J. - (1.) THE questions that arise for consideration in this appeal are whether the respondents are dependents of the deceased Lal Singh Nath under Section 123 of the Railways Act, 1989 and whether the deceased was a bona fide passenger ?
(2.) THESE questions have emerged in the following circumstances: (i) The deceased Lal Singh Nath was travelling in the ill -fated train 1593 Dn. Kota -Bhopal passenger which met with an accident at about 21.15 hrs. on September 21, 1993 between Chhabra Gugor and Bhulon Stations in Kota Ruthiyal Singh line non -electrified BG section of Kota Division of Western Railway. The deceased Lal Singh Nath died on the spot as a result of injuries sustained in the accident. The age of deceased Lal Singh Nath, according to the claim application, was 35 years. (ii) In the written statement the Railway Administration only admitted injuries as a result of accident. It was pleaded that 'regarding the alleged nature of injuries and subsequent death the applicants are put to strict proof of the same.' (iii) Learned Railway Claims Tribunal framed as many three issue as under - (1) Whether the applicants are the dependents under Section 123 of the Railways Act, 1989 and are entitled to file application ? (2) Whether the deceased was bona fide passenger ? (3) To what amount of compensation the applicants are entitled to get? (iv) Claimant -respondents Smt. Soram Bai and others claimed Rs. 2,00,000/ - as compensation on account of death of Lal Singh Nath. Smt. Soram Bai is the widow of Lal Singh Nath whereas Thaswar Bai aged 7 years, Vikram aged 4 years, Jeena Bai aged 2 years are the children of the deceased and Smt. Kamla Bai aged 55 years is his mother. (v) In support of claim application, Smt. Soram Bai filed affidavit whereas no evidence was adduced by the Railway Administration. (vi) Learned Railway Claims Tribunal vide judgment dated April 5, 1994 allowed the claim application and directed Railway Administration to pay Rs. 2 lacs as compensation to the claimants. Out of the said amount Rs. 1,00,000/ - was to be paid to Smt. Soram Bai and Rs. 25,000/ - to other claimants. (vii) The appellant Union of India assailed the said judgment of the Railway Claims Tribunal in this appeal. I have given my anxious consideration to the rival contentions and carefully perused the impugned judgment.
(3.) SMT . Soram Bai in her affidavit, stated that the deceased Lal Singh Nath was travelling from Kota to Vijaypur by the ill -fated train. The dead -body of deceased Lal Singh Nath was handed over after five days. Verbal inquiry was also made by the learned Tribunal from Smt. Soram Bai. It was revealed that deceased Lal Singh Nath was coming from Kota to Vijaypur and the ticket purchased by him might have been lost/destroyed in the accident. Learned Tribunal presumed that the deceased Lal Singh Nath had a valid ticket for the journey and he was a bona fide passenger. The ticket, which he had purchased might have been lost/destroyed in the melee.;