10. He also relied on another judgment between Union of
India vs Parameshwaranpillai Died (Kerala) (DB),
reported in 2013 ACJ 635, wherein it was observed that
it shall be presumed that passenger purchased a ticket and
is a "bona fide" passenger is always to be presumed unless
it is shown to be otherwise. Such presumption would
always swing in favour of the injured.
3. It is so unfortunate that the Railway Claims Tribunal,
while passing the order dated 28.8.2014, has not looked into
the legal position settled by this Court as early as in the year
2012. (See Union of India v. Parameswaranpillai and
Another (2012 (4) KLJ 82 : 2012 (4) KLT SN 25, C.No.25),
wherein it was held that "the fact that a passenger had
purchased a ticket and is a "bona fide" passenger is always to
be presumed unless it is shown to be otherwise. Such
M.F.A.No.130 of 2014 (B)
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