The South Western Railway through its General

Manager, Hubli, representing the Union of India has filed

this appeal calling in question the judgment and award

dated 27.02.2020 by the Railway Claims Tribunal (for

short, 'the Railway Tribunal') in claim application No.O II U

152 of 2016. The Railway Tribunal has allowed the

application filed by the wife and the minor children of the

deceased, Sri. Gurubasavaraj G., granting a sum of

Rs.8,00,000/- along with interest at the rate of 9% per

annum on terms and also indicating the apportionment of

compensation to the wife, the minor children and the aged

parents.

The Railway Tribunal's directions as regards the

apportionment and disbursal is as under:

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"(i) The amount of compensation shall be divided in

the following manner:-

Sl.

No

Name of the

claimants

(Mr/Mrs.,/Ms.)

Relationship Share of

compensation

amount

awarded

1

Gowramma Patil

Wife

Rs.2,00,000/-

+ Interest

2

Ananya. G

Minor

daughter

Rs.2,00,000/-

+ Interest

3

Abhilasha. G

Minor son

Rs.2,00,000/-

+ Interest

4

Gangammanahalli

Shankramma

Mother

Rs.1,00,000/-

+ Interest

5

Gangammanahalli

Kotrabasappa

Father

Rs.1,00,000/-

+ Interest

(ii)

A sum of Rs.2,00,000/- each (Rupees two lakh

only) is awarded to Applicant No.1, 2 and 3 i.e., wife, minor

daughter and minor son of the deceased. Applicant No.1

shall be permitted to withdraw 1/10^th with interest, out of

her share of compensation amount. 90% of the balance of

the

compensation

amount

i.e.,

Rs.2,00,000/-

i.e.,

1,80,000/- with interest after payment of 10 percent with

interest as mentioned above in the case of Applicant No.1

shall be split into 36 monthly deposits and invested for a

period from 1 to 36 months in the ascending order maturing

every month. The amount shall be held by the Bank and the

bank shall release the share of compensation amount with

accumulated interest up to the date of payment to the

account of the Applicant No.1. The original Fixed Deposit

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shall be retained by the bank and a statement containing

FDR number, FDR amount, date of maturity and amount

shall be furnished by the bank to the claimant.

(iii) As far as the share of compensation payable to

Applicant No.2 and 3 i.e., minor daughter and minor son of

the deceased is concerned, a sum of Rs.2,00,000/- each

(Rupees two lakh only) each is awarded to them. The entire

share of compensation amount along with its accrued

interest shall be invested in fixed term deposit in their

names, till they attain 'majority'."

The learned counsel for the appellant submits that

the Railway Tribunal has erred in concluding the deceased

G.Gurubasavaraj

was

a

bonafide

passenger.

The

appellant's witness is categorical that the deceased was not

holding a ticket and the ticket referred to in the impugned

order is planted. It is obvious on perusal of Inquest Report

[EX.A4] that it has entries in different inks. If the appellant

can show that the deceased did not hold a ticket, he would

not be a bonafide passenger and therefore, the respondents

would not be entitled for compensation.

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However, the learned counsel for the appellant cannot

present the circumstances that would discredit the

Divisional Railway Manager's Report (EX.R1) which is

mentioned by the Railway Tribunal to conclude that the

respondents' case that the deceased was traveling with a

ticket is corroborated by this report and the Inquest Report

[EX.A4] to opine that the deceased, as of the time of the

accident, had a ticket bearing No.06094 on his person for

traveling between Bellary to Hospete. If the appellant

cannot deny the report of its own officers which are placed

on record that demonstrate the appellant9s case, it cannot

succeed in appeal. Therefore, the appeal stands dismissed.

SD/-

JUDGE

RB