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JAGDISH SINGH KHEHAR, N. V. RAMANA, D. Y. CHANDRACHUD
Kamrunnissa – Appellant
Versus
Union of India – Respondent
ORDER :
We have heard learned counsel for the rival parties.
2. The question that arises for our consideration is, whether the deceased husband of the petitioner, Gafoor Sab, had purchased a ticket, and was attempting to board the train on 06.05.2007, at Devanagere, when the railway accident took place, whereupon he lost his life.
3. Only if the above query is answered in affirmative, the petitioner herein would be entitled to compensation from the railway authorities.
4. The Railway Claims Tribunal, as also the High Court of Karnataka, while adjudicating upon the controversy raised by the petitioner, have arrived at a conclusion, that the petitioner could not establish that her deceased husband, Gafoor Sab, had purchased a ticket, and was in the process of boarding the train at Devanagere railway station, when the accident had taken place.
5. Learned counsel for the petitioner vehemently contended, that there was no justification for the courts below to have recorded such a conclusion, inasmuch as, it was clearly apparent from the inquest report prepared by the Assistant Commissioner, Railway Police Station, Devangere, that the death of the husband of the petitioner, Gafoor Sab, was ca
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