PEDDAPALLY SRINIVAS Vs. GENERAL MANAGER

JUDGEMENT

(1.) The unsuccessful plaintiffs filed this appeal against the judgment in O.S. No.127 of 2004 dated 11-10-2006 passed by the learned II Additional Senior Civil Judge, Warangal. Plaintiff No.1 is the husband of the deceased Peddapally Bhagyalakshmi and plaintiff Nos.2 to 5 are their children. Respondent Nos.1 and 2 herein, who are defendant Nos.1 and 2 respectively before the trial Court, are South Central Railway, Secunderabad and the Government of India, New Delhi.

(2.) For the sake of convenience, the parties are referred to as arrayed before the trial Court.

(3.) The case of the plaintiffs is that on 02-07-2003, while the deceased Bhagyalakshmi was selling fish near railway under-bridge, Warangal, some of the compartments (bhogies) of Golconda Express (Train No.7201) fell down from the railway bridge and one of the compartments fell on the deceased crushing her to death on the spot. Plaintiff No.1 claims that he has been suffering from several ailments and unable to attend any work, and therefore, his deceased wife was maintaining him and their family by selling fish. Hence, they claimed a sum of Rs.5,65,000/- towards compensation on account of the death of the deceased.