The court emphasized that the non-mentioning of the ticket in the inquest report was not sufficient to deny the claim, and therefore set aside the rejection of the claim petition.

Heard the parties.

2. The present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as “the Act”), has been preferred against order dated 13/8/2010, passed by Railway Claims Tribunal, Patna Bench, Patna, (hereinafter referred to as “the Tribunal”), in Claim Case No. OA00023 of 2000. The learned Tribunal by the said order has rejected the claim petition preferred under Section 125 of the Railway Act 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987, on behalf of the appellants claiming compensation of Rs. 4,00000/- on the ground that husband of appellant no. 1 namely, Uma Kant Singh died in an untoward incidence. Appellant no. 1 is the wife of deceased and appellant no. 2 and 3 are son and daughter respectively of the appellant no. 1.

3. It was pleaded that husband of the appellant no. 1 while coming from Lucknow to Kiul on a valid Railway ticket, fell down on the railway track at Kiul Junction due to heavy rush and jerk and received grievous injuries. The deceased was traveling on Howrah-Amritsar Express, Train No. 3050 along with Kishori Singh and Sri Asarfee Singh. After the accident he was initially treated at Railway Hospital, Kiul. However, keeping in view seriousness of the injuries, the Railway Hospital referred the injured to another Hospital for better treatment. Immediately thereafter, while he was being shifted to another Hospital he died, and as such, in presence of Sri Kishori Singh on the dead body of deceased inquest report was prepared. On inquest report Kishori Singh and Asarfee Singh, both the co-passengers of deceased, had put their signature and thumb impression respectively. A U.D. case was registered vide U.D. Case No. 03 of 1999 on 7/2/1999 at Railway Police Station, Kiul. The dead body was sent for post-mortem examination and after conducting post-mortem examination the dead body was handed over to the relatives of the deceased. Since the bread earner of claimants died in Railway accident, the claim petition was presented on 7/2/2000. Before the Tribunal besides filing affidavit duly sworn by the appellant no. 1 and co-passenger Kishori Singh, the claimants produced number of documentary evidences such as Inquest Report (Exhibit - A3), Post-Mortem Examination Report (Exhibit - A4), Dead Body Challan (Exhibit -A5), Photo Copy of Rail Ticket (Exhibit - A6), Death Certificate (Exhibit - A7) etc. Before the Tribunal, on behalf of Eastern Railway, a written statement was filed. Besides filing written statement no other material / evidence was produced on behalf of the Railway. The learned Tribunal after hearing the parties by the impugned order has rejected the claim petition.

4. Sri Krishna Mohan Murari, learned counsel for the appellants, submits that the Tribunal has grossly erred in rejecting the claim petition mainly on the ground of non- availability of Railway ticket and non mentioning of fact regarding recovery of Railway ticket from the person of the deceased in the inquest report i.e. Exhibit -A3. He submits that before the Tribunal a petition was filed on behalf of the claimants for summoning final report submitted by the Police in connection with U.D. Case No. 03 of 1999 and original ticket of deceased having no. A05156890 dated 6/2/1999, which was in relation to a journey from Lucknow Junction to Kiul Junction, as well as two other original tickets of co-passengers which were seized by the concerned G.R.P. The Tribunal had also issued direction for summoning those documents, but it was never produced by the concerned G.R.P. He submits that in a claim petition particularly in a case where husband of claimant had died, the learned Tribunal was required to take lenient view in the matter. On the basis of evidences brought on record, the learned Tribunal was required to accept the claim petition and allow compensation. He further submits that the co-passenger namely, Kishori Singh, due to old age and ailment, was not in a position