Railway Claims Tribunal Act, 1987–Sec. 15–Rejection of claim petition with the observation that the deceased was not travelling in the train–Justification–Initial burden to prove this fact would be on the claimant which could be discharged by filing an affidavit of relevant facts–Once the claimant did so, the burden would shift to the Railways–Mere absence of a ticket would not negate the claim that the deceased was a bona fide passenger–Burden of proof shifted on railway was not discharged by it–Therefore, the presumption that the deceased was a bona fide passenger on the train in question was not rebutted–Further, the injuries were found antemortem and caused by blunt force impact–High Court did not notice that the IO indicated that the deceased fell off the train at approximately 11.15 pm on 5th September, 2003–Appellants are entitled to get the compensation of Rs. eight lakh.
