SHAIK MUSKIN BEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant filed O.A.A. No. 233 of 1999 before Secunderabad Bench of Railway Claims Tribunal (for short 'the Tribunal') claiming compensation on account of the death of her father, by name Dhodiyam Imam Saheb. It was pleaded that Imam Saheb was doing business in clothes by travelling from place to place and that on 8th July, 1999, he purchased a ticket at Rajampet Railway Station to go to Kadapa by Train No. 6012 Madras-Dadar Express. It is stated that in the evening of 8th July, 1999, he boarded the train, but on account of sudden jerk, he fell down and came between the platform and the train, resulting in his death.

(2.) The Respondent filed a written statement opposing the claim. It denied the allegation that the death was on account of the sudden jerk or in an untoward incident. It was pleaded that when the train was leaving the station at 16.20 hours, it was found that a person aged about 40 years attempted to get into the running train and in the process, fell and came under the wheels. According to it, the death of the deceased occurred on account of his own negligence. Through its order, dated 18th March, 2002, the Tribunal dismissed the O.A.A. by recording a finding to the effect that the deceased was not a bona fide passenger and that the death occurred on account of his own negligence. The same is challenged in this appeal.

(3.) Heard Smt. A. Manikya Valli, learned Counsel for the Appellant and Sri T.S. Venkata Ramana, learned Standing Counsel for the Respondent.