UNION OF INDIA Vs. ERAMMA

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed by the Union of India, represented by its General Manager, South Western Railway, against the order dated 04.06.2015 made in OA II U 40/2011 on the file of the Railway Claims Tribunal, Bengaluru Bench, awarding compensation of Rs.4 lakhs in favour of the respondents who are the widow, sons and daughter of deceased Chandrappa.

(2.) The respondents herein filed application under Section 16 of the Railway Claims Tribunal, 1987 r/w Section 124-A of the Railways Act, 1989, claiming compensation of Rs.4 lakhs on account of the death of Chandrappa, husband of 1st respondent and father of respondents 2 to 5 contending that on 11.11.2010, the Station Master received information from one Mariyappa Thimmappa, keyman, gangman/gang No.11/ Holalkere, that in railway KM No.270/500-600 between Holalkere- Chikkajajur railway stations, dead body of one unknown person aged about 60 years is found. As per the report, a case was registered in UDR No.65/2010 as per Section 174 of the Code of Criminal Procedure and FIR was sent to Taluk Executive Magistrate, Holalkere and also copies were sent to higher officials. As per the Order, the ASI, Chikkajajur conducted the investigation and visited the spot, the dead body was found in between Holalkere-Chikkajajur railway stations in railway KM No.270/5-6. The dead body was not in an identifiable condition because of the crush injuries on the head and face and the left leg. On examination of the dead body, one railway ticket No.33147 dated 11.11.2010 was found, it was from Nulenur to Sasalu. The deceased had gone to Nulenur to meet his friend at Nulenur and his friend one Shekharappa, S/o Hanumanthappa had purchased ticket and sent the deceased back to his village on 11.11.2010 and the deceased, while traveling in the train, accidentally fell down from the train and succumbed to the injuries. The applicants mentioned the class of travel and the ticket number to the extent known as 'general class 33147'.

(3.) The South Western Railway, appellant herein respondent before the Tribunal filed reply stating that the accident is not an 'untoward incident' and as evident by the injuries stated in the post mortem report, deceased had committed suicide and police have planted the ticket and created a story and false statement concluding the case as accidental death was created, etc. and therefore, sought for dismissal of the claim petition.