RAMAVATHU DECAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 23 of the Railway Claims Tribunal Act is preferred against the order, dated 22.01.2002 passed by Secunderabad Bench of Railway Claims Tribunal in O.A.A. No. 288 of 1999. The Appellants filed the claim petition before the Tribunal stating that Sri R. Lolanaik, husband of Appellant No. 1 and father of Appellant Nos. 2 and 3, was resident of Tanda of Ramagiri Village, Pamidi Mandal, Anantapur District and that in the first week of September 1999, he went to Rajampet on a family work. It is stated that on 13.09.1999, he boarded the Chennai - Dadar Express at Rajampet by purchasing a ticket up to Guntakal and on the way, he fell down near Gooty Railway Station on account of heavy jerk and came under the wheels. His two legs are said to have been cut and when he was being shifted to the Government Hospital by the Railway Staff, he died on the way. The Appellants prayed for award of compensation.

(2.) The Respondent filed a written statement denying the allegations made in the claim petition. It was pleaded that though the deceased was a bona fide passenger, he died on account of his own negligence. According to it, the deceased made an attempt to get down the train after it passed through Gooty Railway Station and in the process, came under the wheels. The allegation that the fall of the deceased was on account of the jerk was denied. Further details were furnished. The information as to the incident was given by the Keyman to the Station Master, Gooty, who, in turn, informed the Railway Police. Crime No. 41 of 1999 was registered and when the Police were shifting the injured person to the Hospital, he died on the way. It was also alleged that there was no stop for the train at Gooty Railway Station.

(3.) The Tribunal dismissed the O.A.A. on finding that the death occurred on account of the attempt made by the deceased to get down the moving Train.