P BHEEMAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the appeals can be disposed of by this common order since they arise out of the same accident.

(2.) The claimant filed O.A. A.Nos. 153 and 154 of 1996 before the Railway Claims Tribunal, Secunderabad claiming compensation of Rs. 2,00,000/- in each application on the ground that his wife and son while boarding the train at Falaknuma fell down and grievously injured and on their way to Kachiguda, they died. The matter was resisted by the railway authorities. It was contended that the incident was not an accidental fall but it was a hit by the train while the deceased were crossing the railway track to reach platform No. 2. The Tribunal held that the deceased were bona fide passengers and that the accident did not fall within the definition of 'untoward incident' under Section 123-C of the Act and accordingly rejected the claim for compensation by order dated 9-9-1997 against which the present appeals have been preferred by the claimant.

(3.) The learned counsel for the claimant Mr. Murthy submits that the finding recorded by the Tribunal that the incident was not an accidental fall and that it was a hit by the running train and therefore it did not fall within the definition of 'untoward incident' is absolutely mis-conceived and runs contrary to the evidence on record. The learned counsel has taken the Court through the evidence of the eye witnesses who were examined on behalf of the claimant and also on behalf of the driver of the train. The learned counsel submits that Kistamma, who is the eye witness to the accident is a relative of the deceased. She clearly stated that she along with other relative including the deceased were to board the train at Falaknuma and they had also purchased tickets at Falaknuma station to go to Secunderabad. While some of them have already entered the compartment, the deceased were trying to board the train and they slipped on account of which they sustained grievous injuries and while they weie being shifted to Kachiguda Station, they died. The inquest was conducted at Kachiguda railway station.