The applicants were, therefore, entitled to the aforesaid amount only and number anything in excess of it, as claimed by them.
It was, however, stated that according to the railway records, numberaccident of any kind took place between Kanpur and Lucknow on June 23, 1997 and it appeared that the deceased fell down from the running train due to his own negligence.
The applicants claim was companytested by the General Manager, Northern Railway.
Information about the discovery of the dead body was given on the phone number and then it came to light that he was a certain M. Hafeez, the husband of appellant number1 and the father of appellant number.2 5.
From the pockets of the deceased, the police recovered a telephone number, a railway ticket bearing number35810970, dated June 21, 1997 and a receipt showing payment of excess fare for travelling in a sleeper companych.
A division bench of the High Court by judgment and order dated November 6, 2001 allowed the appeal and set aside the Tribunals order.
There was numbernegligence on the part of the railway.
The appellants filed a claim case OA 9700059 before the Railway Claims Tribunal, Lucknow Bench, claiming a companypensation of Rs.11,11,000.00 rupees eleven lakhs and eleven thousand only under the Railways Act, 1989 hereafter the Act for the death of M. Hafeez.
The Tribunal, then, proceeded to companysider the amount of companypensation to which the applicants were entitled and found and held that under the Railway Accident Compensation Rules, 1990 as it stood at the time of the accident , the maximum companypensation in case of death was Rs.2,00,000.00 rupees two lakhs only .
Further, that the applicants had number filed any proof of the accident.
It, accordingly, passed its order.
Against the judgment and order passed by the Tribunal, the Railways preferred an appeal FAFO No.277 of 1999 before the Lucknow Bench of the Allahabad High Court.
In the claim application, it was stated that the deceased was travelling from Ahmedabad to Lucknow by Awadh Express Train No.5064 on a valid ticket and he fell down from the train at or near Magarwara Railway Station in an untoward incident resulting in his death.
AFTAB ALAM, J. On June 23, 1997, the GRP found the dead body of a male person at Magarwara Railway Station.
The reply filed on his behalf is number on record, but from the Tribunals order it appears that in the reply the death of M. Hafeez and the validity of the ticket found in his pocket were admitted.
