GOVINDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellants-claimants and learned counsel for the respondent.

(2.) This miscellaneous first appeal is filed challenging the dismissal of claim petition filed by the claimants in O.A. II U 161/2011 dtd. 17/11/2015 passed by the Hon'ble Member Judicial before the Railway Claims Tribunal, Bengaluru Bench at Bengaluru (hereinafter referred to as 'the Tribunal' for short).

(3.) The factual matrix of the case of the claimants before the Tribunal is that Smt. Mariyamma alleged to have died in an untoward incident on 19/8/2011. In the claim petition, it is stated that the applicant Nos.1 and 2 are the sons of the deceased and applicant No.3 is the daughter of the deceased. It is contended that deceased Smt. Mariyamma boarded Shivamogga-Mysuru train at Holenarasipura railway station to go to Mysuru at about 5.30 p.m. While she was going in the above said train, she accidentally fell down from moving train in between Sagarakatte and K.R. Nagar railway stations at K.M.No.24/600-700 at bridge No.264 due to heavy rush in the train. The train ran over her and caused grievous injuries over her head and all over the body. The Sagarakatte railway Station Master noticed the dead body and intimated the same to Railway Police, Mysuru. The dead body was shifted to Government Medical College, Mysuru on 20/8/2011 and after PM examination, the body was handed over to the applicants herein. The death of Smt. Mariyamma is an untoward incident. The case is registered by Mysuru Railway Police in UDR No.75/2011 on 19/8/2011 under Sec. 174 of Cr.P.C. on the intimation given by the Station Master, Sagarakatte. The inquest reveals that it is a clear case of an untoward incident. The applicants are the sons of the deceased, who have identified the body of the deceased Smt. Mariyamma. Hence, the applicants made the claim that on account of accident, they have lost the earning member of the family.