JUDGMENT :

1. This appeal is filed by the appellant/applicant against the orders in O.A. II (U) No.219 of 2010, dated 20.07.2017 on the file of the Railway Claims Tribunal, Secunderabad Bench.

2. The brief facts of the case are that on 14.02.2010, the mother of the applicant i.e. the deceased Arempula Chandramma went to Motamarri on her personal work and after that, in the evening, the deceased returned to Motamarri Railway Station, purchased journey ticket bearing No.41532 from Motamarri to Khammam for Rs.6/- and as the goods train was halted in Motamarri railway station, Train No.172 i.e. Vijayawada-Dornakal Passenger was taken up on the main line. The deceased went on Up main line on the track to board the said train and accidentally got hit by Train No.172 Up passenger train and sustained severe injuries. The Deputy Station Manager, who was on duty, shifted the injured person into the same train with the help of passengers and informed to on-duty Deputy Station Manager, Bonakal for arranging medical aid at Bonakal. When they reached Bonakal, 108 ambulance staff came and declared the injured as dead.

3. The respondent-Railways filed a detailed written statement before the Tribunal contending that the appellant is not entitled for any compensation for the death of the deceased, as the accident did not occur while the deceased was traveling on the train as a bona fide passenger.

4. Heard both sides and perused the record.

5. Learned counsel for appellant contended that the deceased/ Arempula Chandramma was a bona fide passenger as she purchased journey ticket No.41532 to travel from Motamarri to Khammam on 14.02.2010 by Train No.172 i.e. Vijayawada-Dornakal Passenger. He further submitted that as the said Train was taken up on main line, the deceased was forced to go there and was waiting on the track, and at that time, the accident had occurred. Therefore, the appellant is entitled for compensation from the Railways.

6. On the other hand, learned counsel for respondent/railways contended that the findings recorded by the Tribunal are based on evidence and that the possibility of planting a railway ticket by the appellant in order to claim compensation cannot be ruled out. Accordingly, he prayed for dismissal of appeal

7. In view of the rival contentions, the points to be considered in this case are:

1. Whether the deceased was a bona fide passenger;

2. Whether the appellant is entitled for compensation; and if so,

3. To what relief ?

8. POINT No.1 : On perusal of the entire record, it is evident that the FIR/Ex.A-1, inquest report/Ex.A-2 and charge sheet/ Ex.A-4 disclose that the accident took place as Train No.172 Vijayawada-Dornakal passenger hit the deceased while she was on the Up main line and was waiting on the track for the said Train. The post-mortem report/Ex.A-3 disclose that the deceased succumbed to the injuries sustained by her in the said accident. Ex.A-5 is the journey ticket dated 14.02.2010 for Rs.6/- from Motamarri to Khammam, which was recovered from the dead body of the deceased, which clearly disclose that the deceased purchased the journey ticket to travel from Motamarri to Khammam and suffered the accident in the railway station premises at Motamarri. The inquest report/Ex.A-2 also corroborates as to the recovery of Ex.A-5/journey ticket from the dead body of the deceased. Ex.R-1 is the Divisional Railway Manager’s report, which also establishes the death of the deceased on the railway track at Motamarri. But, Ex.R-1/DRM’s report concludes that the deceased was a lady hawker and she was negligently crossing the track in front of the train which is an offence under the Railways Act, due to which, the train dashed against her causing severe injuries and she succumbed to the same, and therefore, the Railway administration is not at all responsible for the death of the deceased Arempula Chandramma, and in view of the same, the claimant is not entitled for any compensation from the Railways.

9. Basing on the material