ROJAMANI Vs. UNION OF INDIA

JUDGEMENT

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

(2.) This miscellaneous first appeal is filed praying this Court to set aside the impugned judgment passed in OA II U 062/2014 dtd. 28/4/2016 by the Railway Claims Tribunal ('the Tribunal' for short) and grant such other relief as deems fit in the circumstances of the case.

(3.) The factual matrix of the case of the appellant before the Tribunal while filing an application under Sec. 16 of the RCT Act, 1987 read with Ss. 124-A and 125 of Indian Railways Act, 1989 seeking compensation of Rs.8,00,000.00 from the respondent-Railway for the death of the deceased Jayamma, wife of late Venkataiah, who died in an alleged untoward incident that occurred on 22/2/2014 is that on the date of the incident, the deceased Jayamma along with her sister Rathnamma went to Channapatna Railway Station and purchased a journey ticket to go to Ashokpuram/Mysore. While waiting for Tirupathi passenger train at Channapatna Railway Station, Tuticorin Express train arrived. Both the deceased and her sister boarded Tuticorin Express and after learning that the said train will not go to their destination station i.e., Ashokpuram, they alighted from the said train. While alighting from the train, the deceased lost balance, accidentally fell down from the train, sustained fatal injuries and died at the spot. The applicant contend that it is an untoward incident and filed a claim petition.