J. BHUVANESHWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 08.10.2015 passed in OA(II-U) 365/2014 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the application seeking compensation was filed under Section 16 of the Railways Act, based on the facts narrated in the application which reads as under:

(3.) The First Information Report reveals that the accident occurred and the Inquest Report also endorses the same. The Final Report filed after investigation also states that the deceased sustained fatal injuries and died due to the untoward incident occurred by falling down from a running train. It is pertinent to note that the Divisional Railway Manager's [DRM] Report dated 24.03.2015 reveals that Sri.Nagaraju, gang man/TADA was enquired and his statement was recorded in which he stated that on 10.12.2013, while he was nominated for 07.30 hrs to 17.00 hrs duty as acting key man between KM 64/16-67/14 between TAD/AKM at about 09.00 hurs, he noticed a male dead body aged about 45 yrs lying at KM 66/30-32 at the west side of down-line. The body was found with head and legs facing to south and north respectively with heavy bleeding injuries. The deceased seemed to have been fallen down from some running train. He had not seen any traveling ticket with the deceased.