MUMMIDI DURGA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the order, dated 12-12-2001 passed in O.A.A. No. 178 of 1998 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereby and whereunder the application filed by the appellants herein claiming compensation of Rs. 4,00,000/- on account of death of M. Sathi Babu ended in dismissal.

(2.) The background facts of the case in a nutshell leads to file an application by the applicants in O.A.A. No. 178 of 1998 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad are; M. Sathi Babu, the husband of the first appellant and the father of the appellants No. 2 and 3, was working as a lorry driver. On 03-02-1998 he had been to Vizianagaram on duty. He received instructions from his employer to go over to Bobbili and bring load to Kakinada. P. Satya Narayana, who has been examined as AW-2, dropped him at Vijayanagaram Railway Station. He purchased a journey ticket from Vizianagaram to Bobbili and boarded the train No. 230 Visakhapatnam-Durg passenger. On nearing Bobbili railway station yard, he slipped from the train and sustained severe injuries, for which he succumbed at the spot at about 20.20 hours.

(3.) Sri. A.V.S.N. Murthy, Head Constable 596 of AGRP, Vijayawada registered a case in Crime No. 8 of 1998 under Section 174 Cr.P.C., recording the death of Sathi Babu. He conducted inquest on the dead body of the deceased Sathi Babu, hereinafter referred to as deceased, between 9.30 a.m., and 12.00 noon on 04-02-1998 in the presence of mediators. During the inquest, he seized a ticket bearing No. 06995205 from the dead body of the deceased, got the dead body of the deceased photographed. The photographs of the dead body have been identified as that of the deceased by the appellant No. 1, who is no other than his wife. The appellants filed application before the Railway Claims Tribunal, Secunderabad Bench at Secunderabad under Section 16 of the Railway Claims Tribunal Act, 1989 r/w. 124-A and 125 of Indian Railways Act, 1989 claiming compensation of Rs. 4,00,000/-.