KAMALAWWA Vs. UNION OF INDIA

JUDGEMENT

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

(2.) The appellants are the wife, sons and daughters of one deceased Sham Ramchand Pawar. It is the claim of the appellants that on 08.10.2002, the deceased accidentally fell down from the running train No.6590, Rani Channamma Express. In that, he was travelling from Belgavi to Londa and as a result of the fall, he suffered fatal injuries and breathed his last. The body was removed from the track and carried to the Primary Health Centre for carrying out postmortem. The remains of the deceased were handed over to the family members on account of the death.

(3.) It is contended that the deceased was carrying a valid ticket and was travelling from Belgavi to Londa; that in the process of alighting, he slipped and fell down; that on account of fall, he slipped and he was caught between the platform and the running train resulting in his death. The Belgavi Railway Police have registered a case as UDR No.4/2002 under Section 174 of Cr.P.C. on the information received by the Deputy Station Superintendent, Northern Central Railway, Belgavi. It is stated that the deceased was carrying on business of selling eatables like bhelpuri and was earning Rs.200/- to Rs.300/- per day. On account of his sudden death, the family has lost the only earning member.