JUDGMENT

Challenge in this appeal is against the judgment dated

12.08.2009 in O.A.No.OA(IIu)No.37 of 2008 of the Railway Claims Tribunal, Ernakulam Bench. Respondent filed the O.A. seeking compensation for the death of her husband who died as a result of injuries sustained in an untoward incident occurred on 08.09.2007 near Kumaranallur while he was travelling from Ernakulam to Kottayam. The deceased was admitted in the Medical College Hospital, Kottayam on 08.09.2007 and he passed away on 15.11.2007 while undergoing treatment. The respondent produced ticket issued on 08.09.2007 at 8.51 a.m. from Ernakulam South Railway Station for travelling from Ernakulam Junction to Kottayam recovered from the deceased, the Death Certificate, the Postmortem Certificate and the FIR and Final Report in Crime No.691 of 2007 of Gandhi Nagar Police Station, Kottayam before the Tribunal.

2. The appellant resisted the claim. According to the appellant the deceased was run over by Train No.6525 on 08.09.2007 near Kumaranallur. Mere production of the journey ticket did not mean that deceased has fallen from a train. The appellant further contended that according to the Police reports the incident occurred