UNION OF INDIA Vs. V SANTHABAI

JUDGEMENT

(1.) The respondents filed O.A.A.No.255 of 1999 before the Secunderabad Bench of Railway Claims Tribunal claiming compensation, on account of the death of V.Chander Naik, husband of the 1st respondent and father of respondents 2 to 5. It was pleaded that Chandu Naik boarded Train No.6591, Parbhani-Banglore Hampi Link Express, with a view to travel up to Marked Road Station in a general compartment. According to them, the deceased fell down in the station on account of a sudden jerk and died of multiple injuries. He was said to be aged 35 years and the matter was reported by the Railway officials themselves to the police and a case was registered.

(2.) The appellant filed written statement opposing the claim. It was stated that the deceased was not a bona fide passenger and that he fell down from the train on account of his own negligence and carelessness. The Tribunal awarded a sum of Rs.4,00,000/- as compensation to the respondents through its order dated 12.07.2002. The same is challenged in this appeal filed under Section 23 of the Railway Claims Tribunal Act.

(3.) Learned counsel for the appellant submits that no ticket was recovered from the deceased and the finding recoded by the Tribunal that the deceased was a bona fide passenger is not supported by evidence. He further submits that though the Tribunal expressed the view that there was negligence on the part of the deceased to get down form the train even while it is in motion, it ignored that aspect and proceeded to award the compensation. He contends that the view taken by the Tribunal is opposed to the judgment of this Court in Union of India vs. K.Balakrishnaiah 2004(1) ALD 449.