UNION OF INDIA Vs. U SRINLVASA RAO

JUDGEMENT

(1.) The two miscellaneous appeals are filed by the Union of India, represented by the General Manager, South Central Railway, Secunderabad challenging the orders respectively passed in O.A.A. No.14 of 1998 and O.A.A. No.41 of 1998 by the Railway Claims Tribunal, Secunderabad directing payment of compensation to the passengers involved in the railway accident. Since the common question arises in these two appeals with the consent of both the parties they can be disposed of by a common order.

(2.) The parties in this appeal are referred to as arrayed in the original application. One Uggina Srinivasa Rao (hereinafter referred to as the "injured person"), respondent in C.M.A. No.3103 of 1998 of Anakapalle filed an application before the Railway Claims Tribunal in O.A.A. Na.l4 of 1998 stating that on 1-12-1997 while he was travelling in Train No.7016. Secunderabad - Palasa (Visakha Express) from Anakapalle to Visakhapatnam, he fell down accidentally from the coach at Anakapalle station and received injuries. He further stated that he got treated in the hospital. He, therefore claimed compensation from the respondent-railways. Respondents in C.M.A. No.1183 of 1999, dependants of one K. Madhava Rao (hereinafter referred to as the "deceased"), who died in the accident that occurred on 28-11-1997 due to fall while boarding Train No.123 U.P. Singareni Passenger at Manchiryal to go to Sirpur Kagaznagar, filed 0.A.A. No.41 of 1998 claiming compensation from the Railways.

(3.) The respondent Railways filed the written statement stating, inter alia, that the injury received by the applicant in O.A.A. No.14/98 was a self-inflicted injury since he was trying to board a running train and that therefore the incident does not fall within the ambit of "untoward incident". It was denied that the applicant was a bona fide passenger travelling in Train No.7016 Visakha Express. In the written statement filed in O.A.A. No.41/98 the respondent Railways stated that the death of Madhava Rao (for short the "deceased") was caused due to carelessness and negligence on his part in attempting to entrain the moving train at Manchiryal and therefore it is not liable to pay compensation.