JUDGEMENT
D.V.S.S. Somayajulu, J. -
(1.)This appeal is filed against the order dated 26.04.2007 in OAA.No.43 of 2002 passed by the Railway Claims Tribunal, Secunderabad.
(2.)The appellants before this Court are the applicants before the Tribunal. They are the wife and children of one Simanchal Panigrahi, who is hereinafter referred to as the deceased. According to the application, on 09.12001, the deceased was travelling by train No.219 DMU Bhubaneswar-Palasa passenger and he accidentally fell down from the train at Jadupudi Railway Station in front of the Station Master's office. He died on the spot. Claiming compensation of Rs. 4,00,000/-, the application was filed. The respondents denied the entire case set up by the applicants. On behalf of the applicants, AW.1-wife of the deceased was examined and Exs.A.1 to A.7 were marked. For the respondents, RW.1-a Junior Clerk was examined and Ex.R.1 and Ex.C.1 final report were marked. The Tribunal, after going into the matter, held as follows:
(a) the applicants are the sole dependents of the deceased.
(b) that the death occurred due to the fact that the deceased fell down from a moving train and that therefore, Section 124-A of the Railways Act, 1989 (for short 'the Act') is applicable.
(c) however, the claim was dismissed on the ground that the train ticket was not found with the deceased and that there is no proof to show that he is a bona fide passenger.
(3.)Therefore, on the sole ground that the deceased was not a bona fide passenger, the entire case was dismissed. This order is now assailed in the appeal.
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