JUDGEMENT :

Though the matter is listed for admission, with the consent of learned advocates on both sides, it is heard finally.

2. Sri.Shashidhara R, learned counsel for appellant and Sri Abhinay Y. T., learned counsel for respondent, have appeared in-person.

3. For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Tribunal.

4. The claimants have preferred this appeal calling in question the judgment and award dated 14.11.2016 passed by the Railway Claims Tribunal, Bangalore Bench, whereby, the learned Member has dismissed the claim petition. It is this order which is called in question on various grounds as set out in the revision petition.

5. The petition averments are stated as under:

An application came to be filed under Section 16 of the Railways Claims Tribunal Act, 1987 read with Section 124-A of the Railways Act, 1989 (hereinafter referred to as ‘the Act’) by the claimants seeking compensation for the death of their son -Srinivasa Reddy.

It is stated that on 30.03.2012, Station Master Chikkajajur Railway Station appears to have received information from Sri.Shekharappa, Gangman No.12, that one male aged about 50 years, run over at Railway K.M.No.276/300-400 between Chikkajajur -Holalkere Railway Stations and as per the report, a case was registered in UDR No.25/2012 duly following the procedures. During investigation, one railway ticket No.58710147 for Rs.37/-dated 26.03.2012 was found in the pocket of the deceased and the ticket was from Yeshwanthpura to Chikkajajur. Along with railway ticket, a purse, photo of the deceased, Sony Erickson mobile phone [in switched off mode], were found and the same were recovered during investigation. Thereafter, the Investigating Officer brought the mobile phone to the station and switched on the mobile phone based on which, the father of the deceased was contacted and he identified the dead body as his son-Srinivasa Reddy.

It is further stated that deceased -Srinivasa Reddy left the Bangalore on 26.03.2012 from Yeshwanthpura Railway Station and he purchased a railway ticket from Yeshwanthpura to Chikkajajur. While he was traveling in the train, he accidentally fell down from the running train and succumbed to the injuries. Therefore, claim petition is filed by the parents of the deceased seeking compensation before the Railway Claims Tribunal, Bangalore.

The Railway authority denied the allegations made by the claimants and stated that the deceased was not a bona fide passenger. It is further stated that the claim made out by the claimants does not come within the ambit of Section 123 (c) of the Act. Accordingly, they prayed for dismissal of the claim petition.

On the basis of the above said pleadings, the trial Court framed the following issues:

"1. Whether there was any untoward incident as is defined under the Provisions of Section 123(c) of Railways Act, 1989?

2. Whether the deceased was a bonafide passenger?

3. Whether the applicants are dependants of the deceased?

4. Whether the applicants are entitled any relief and interest as prayed for in the application?

In order to substantiate the claim, applicant No.1 -Sri.M.R.Thippareddy, father of the deceased subjected himself for cross examination before the Tribunal as AW-I and produced ten documents which were marked as Exs.A1 to A10. On behalf of respondents, one -Sri.R.Bhojaraja Shetty, ASI / Chikkajajur Railway Police Station / DVG Outpost was examined as CW-1 and produced one document which was marked as Ex.R1 -DRM's Investigation Report.

On the summary of the action, the Tribunal dismissed the claim petition as devoid of merit. Hence, this appeal.

6. Sri.Shashidhara.R, learned counsel for appellants submits that the judgment passed by the Tribunal is illegal, erroneous and the same is liable to be set aside.

Next, he submitted that it is the case of the claimants that on 26.03.2012