GIRIJAMMA W/O. M.S. MAHALINGAPPA AND OTHERS Vs. THE UNION OF INDIA (UOI) REPRESENTED BY THE GENERAL MANAGER

JUDGEMENT

(1.) APPLICANTS in O.A 6/2005 on the file of Railway Claims Tribunal (for short 'the Tribunal'), Bangalore Bench, are the Appellants. An application filed by them under Section 16 of the Railway Claims Tribunal Act, having been dismissed by the Tribunal, this appeal has been filed.

(2.) BRIEF facts of the case are: Applicants/Appellants are the mother, brother and sisters of one M.M. Nagaraj, S/o. M.S. Mahalingappa, who according to them was coming back on 15.03.2004 to Harihar from Bangalore in Inter -City Express Train as a passenger and when the train entered the platform, M.M. Nagaraj in order to alight at Harihar, Came near the door and as the driver of the train drove the train in rash and negligent manner, due to which there was jerk in the compartment, he lost balance and control, fell down and the train ran over him at Harihar Railway Station. Having sustained fatal injuries, M.M. Nagaraj succumbed. A case was registered in UDR No. 35/2004 under Section 174 of Code of Criminal Procedure by the Davanagere Railway Police. Claiming that they are the dependents of the deceased, an application was filed against the Respondent in the Tribunal, to direct payment of compensation amount with interest.

(3.) THE tribunal framed the following issues on 14.06.2007: