SMT NEELAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) An application filed under S.16 of Railway Claims Tribunal Act against the respondent having been dismissed, the applicants being the wife, daughters and son respectively of deceased M. Manikappa, police constable, filed this appeal.

(2.) The first appellant is the wife, the 2nd and 3rd appellants are the daughters and the 4th appellant is the son of late M. Manikappa. On 25.12.1998, when M. Manikappa, GRP Constable No.188 was on duty, was injured by Train No.7663 - Kachiguda Express and succumbed. Alleging negligence on the part of the driver of the train, O.A. No.7/2007 was filed before the Railway Claims Tribunal, Bangalore Bench to direct the payment of compensation by the Railway Administration.

(3.) The respondent filed reply under Rule 15 of the Railway Claims Tribunal Rules and contested the claim on the ground, that while Manikappa was going from platform No.2 to platform No.1 by crossing the railway track was run over by Train No.7663 and succumbed to the injury which became clear from the final report submitted by the Sub -Inspector of Police, Bidar Railway Police Station. It was contended that the incident does not attract the provisions of "untoward incident" covered under S.123(c)(2) of the Railways Act, 1989 (for short, 'the Act') and hence, the application being not maintainable is liable to be dismissed.