P.RAMA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Appeal is preferred by the appellant aggrieved by the judgment dtd. 30/11/2022 passed in OA/II/u/126 of 2016 by the Railway Claims Tribunal, Amaravti Bench, Guntur (for short "the Tribunal").

(2.) Heard Smt. N. S. Geetha Madhuri, learned counsel appearing for the appellants and Sri G. Arun Shouri, learned Standing counsel appearing for the respondent.

(3.) The claim of appellants/applicants before the Tribunal is that the application has been filed by the appellants under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 124A and 125 of Indian Railways Act 1989 against the respondent Railway administration claiming compensation f Rs.10,00,000.00 with interest from the date of accident and costs for the death of Shri P.Leela Mohan (hereinafter referred to as "the deceased")in an alleged untoward incident that occurred on 22/2/2016. The claim of the appellants is that the deceased was a student and was taking long term coaching for EAMCET at Vijayawada prior to his accident. While he was intend to go to his native place to attend marriage of his relative, went to Eluru and from there he went to Gollaprolu and thereafter to Elamanchili, and finally from Elamanchili he went to Visakhapatnam. The deceased informed his father that he was coming to Srikakulam by Falaknuma Express on 22/2/2016. Accordingly he went to Visakhapatanam Railway Station in the early hours of 22/2/2016 purchased a 2nd class Superfast Train Journey Ticket from Visakhapatnam to Srikaluam Road Railway station and boarded Train No.12704 Secunderabad-Howrah, Falaknuma Express in a 2nd class General compartment and left. While travelling as there was heavy rush of passengers in the compartment, suddenly, the deceased slipped and fell down accidentally from the said running train at KM No.876/0-2 between Visakhapatnam and Gopalapatnam Railway stations due to speed, jolts and sudden jerks of the said train and as a result he sustained head injury and other multiple injuries and died on the spot.