KANDREGULA MAHALAKSHMAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellants filed O.A.A. No. 197 of 1998 before Secunderabad Bench of Railway Claims Tribunal (for short 'the Tribunal') claiming compensation on account of death of K. Ramanooka Nageswararao. It was pleaded that Nageswararao held a season ticket for traveling between Anakapalli and Visakhapatnam and that on 25.06.1998, he intended to go to Tuni in search of employment and accordingly, boarded Train No. 7240 Visakhapatnam-Guntur Simhadri Express at Anakapalli. It was pleaded that Nageswararao got down at Yelamanchili Station to drink water and thereafter, boarded the train, but on account of sudden jerks, he fell down and came under the wheels. His friend Malla Ramu is said to have made an attempt to stop the train by pulling the chain and since the train did not stop, he informed the Porter about the identity of the deceased and as to the availability of the ticket in his pocket. The Appellants stated that the Porter and Malla Ramu rushed to the spot, picked up Nageswararao in a seriously injured condition and shifted him to the Government Hospital with the help of Railway employees after informing the Station Superintendent. Nageswararao is said to have died within short time while undergoing treatment and that an inquest report was prepared by the Railway Police. With these and other related allegations, they claimed compensation.

(2.) The Respondent filed a written statement opposing the plea. It denied the occurrence of the accident and has pointed out several contradictions. According to them, a passenger ticket from Anakapalli to Tuni was planted in the pocket of the deceased after realizing that the season ticket was from Anakapalli to Visakhapatnam. The Respondent has challenged the validity and truthfulness of the inquest report.

(3.) Through its order, dated 19.08.2003, the Tribunal dismissed the claim petition. Hence, this appeal.