PULIPAKA VARALAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Srimannarayana, the husband of the 1st Appellant and father of Appellants 2 to 4 was working as Office Superintendent in the office of the Assistant Engineer, South Central Railway, Guntur. He was issued a privilege pass, that was valid from 10-07-2000 to 09-11-2000. On 10-10-2000 he was travelling by train No. 352 -passenger, from Tenali to Guntur, but has accidentally fallen between Tenali and Angalakuduru. The Guard and Driver of the train stopped and the injured was taken to the Guntur General Hospital, where he was declared dead. The Appellants filed OA. A. No. 241 of 2000 in the Secunderabad Bench of the Railway Claims Tribunal (for short 'the Tribunal') for compensation of Rs. 4 lakhs. According to them, the deceased died on account of accidental fall from the train and that they are entitled to be paid compensation, under the provisions of the Railways Act (for short 'the Act').

(2.) The Respondent filed a written-statement, opposing the claim. The fact that the deceased died while travelling in the train, was not disputed. However, it was pleaded that he was not travelling on a railway pass, and thereby he cannot be treated as a bona fide passenger. Through its order dated 05-04-2002, the Tribunal dismissed the claim petition. Hence this appeal.

(3.) Sri P. R. K. Amarendra Kumar, learned Counsel for the Appellants submits that once it was proved that the deceased held a valid privilege pass, and has fallen from the train, there ought not to have been any hesitation for the Tribunal to award compensation. He submits that a hyper-technical view was adopted and the compensation was refused to the Appellants.