P LAKSHMI RAMANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellants filed O.A.A. No. 17 of 1999 before Secunderabad Bench of Railway Claims Tribunal claiming a sum of Rs. 4,00,000/- as compensation for the death of Sri P. Venkata Narasimha Murthy, husband of Appellant No. 1, father of Appellants Nos. 2 and 3 and son of Appellant No. 4. It was pleaded that Narasimha Murthy owned two auto rickshaws and in addition to that, he wanted to purchase another second hand auto rickshaw at Rajahmundry and negotiated with a person. They stated that when the owner of the auto did not agree for instalments, Narasimha Murthy contacted his brother at Visakhapatnam to lend a sum of Rs. 20,000/- and when the latter expressed his willingness, Narasimha Murthy and a friend of him, by name Nageswara Rao, boarded Konark Express at Rajahmundry for travelling to Visakhapatnam after purchasing tickets. According to the Appellants, after Nageswara Rao reached Visakhapatnam, he did not find Narasimha Murthy and by handing over both the tickets at the gate, he proceeded to the house of the brother of Narasimha Murthy. It was pleaded that since Narasimha Murthy was not there, he contacted the Appellants at Dimili Village on phone.

(2.) On coming to know that the dead body of Narasimha Murthy was found near the level crossing at Yelamanchili Railway Station, the Appellants are said to have proceeded to that place and thereafter, to the Government Railway Police, Tuni, where the inquest on the dead body was conducted. With these facts, they claimed that the death of Narasimha Murthy occurred in an untoward incident, involving a passenger train.

(3.) The Respondent opposed the claim by filing a written statement. It was pleaded that there was nothing on record to disclose that the deceased was a bona fide passenger, much less that he died in an untoward incident.