DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAYS Vs. MUTHAMMAL

JUDGEMENT

(1.) The appellant is the first defendant in the suit. The plaintiffs 2 to 4 and the second defendant are the respondents herein.

(2.) The facts leading to the filing of this appeal are set out briefly as under:- The deceased first plaintiff originally filed the suit for recovery of family pension as a heir of her deceased son Chakkaravarthy who died while he was in service as fireman in Southern Railway, Villupuram branch. The appellant/first defendant is the Divisional Personnel Officer, Southern Railway, Tiruchirappalli who contested the suit on the ground that the first plaintiff is not entitled to receive the family pension as prayed for. Since the first plaintiff died pending suit, the plaintiffs 2 to 4 were impleaded as her legal representatives. The wife of the deceased employee, who was impleaded as the second defendant in the suit, remained absent and was set exparte. Learned District Munsif having analysed the evidence and upon hearing both sides, decreed the suit as prayed for, but directed the parties to bear their respective costs. The appellant herein/first defendant preferred the appeal before the Additional District Judge, Villupuram in A.S.No.143 of 1998 wherein the appeal was dismissed confirming the judgment and decree passed by the trial court. Hence, this Second Appeal.

(3.) Heard Mr.V.G.Sureshkumar, learned counsel appearing for the appellant and Mr.S.Jagannathan, learned counsel appearing for the respondents 1 to 3.