He fell 173017 IST Reason down from the train due to rush of passengers and died on the spot.
The said witness has number been cross examined.
One Kailash Gope who witnessed the deceased purchasing the ticket and boarding the train filed an affidavit stating these facts.
Her case is that the deceased had purchased a ticket of Signature Not Verified Digitally signed by SWETA DHYANI Date 2018.05.09 second class for Karauta to Khusrupur by train No.532.
He was number cross examined.
The deceased was number a bona fide passenger.
Onus to prove that he was a ticketless traveller was on the Railway.
However, he was number examined as a witness.
The claim was companytested by the appellant.
The High Court set aside the order of the Tribunal by relying upon the evidence of Kailash Gope who filed affidavit to the effect that the deceased had purchased the ticket and had boarded the train.
Case of the respondent is that the ticket was number recovered from possession of the deceased as it may have been lost somewhere.
It was stated that the deceased was number a passenger but was wandering near the railway track.
Reliance was placed on a Division Bench judgment of the High Court in Kaushalaya Devi versus Union of India through General Manager, North Eastern Railway, Gorakhpur, U.P. 1 to the 1 PLJR 2008 3 , page 711 effect that if a dead body is found in the precincts of the Railway Station, there is a presumption that the deceased was a bona fide passenger.
The respondent filed claim for companypensation for death of her husband Jatan Gope in an untoward incident on 20 th August, 2002.
The Tribunal dismissed the claim on the ground that it was number a case of untoward incident but a case of run over.
ADARSH KUMAR GOEL, J. This appeal has been preferred against award of companypensation of Rs.4 lakhs under Section 124A of the Railways Act, 1989 1989 Act .
