LAWS(APH)-2023-9-82

JALEM LAKSHMI Vs. UNION OF INDIA

Decided On September 29, 2023
Jalem Lakshmi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present Appeal is preferred by the appellant aggrieved by the judgment dtd. 5/7/2019 passed in OA/II/u/140 of 2010 by the Railway Claims Tribunal, Amaravati Bench, Guntur (for short "the Tribunal").

(2.) Heard Smt. N. S. Geetha Madhuri, learned counsel appearing for the appellant and Sri Jupudi V. K. Yagnadutt appearing for the respondents.

(3.) The claim of appellant/applicant before the Tribunal is that the application has been filed by the appellant under Sec. 16 of the Railway Claims Tribunal Act against the respondent Railway administration for payment of compensation for the death of her son as a result of an untoward incident. The claim of the appellant is that one Jalem Ramesh (hereinafter referred to "the deceased")went to Rajahmundry one day prior to the incident and stayed there on that night. During his return journey, the deceased along with brother-in-law K Venkata Ramana went to Rajahmundry Railway station in the morning hours of 6/4/2010 and his brother-in-law purchased one 2nd class train journey ticket for the deceased from Rajahmundry to Tuni and the deceased boarded train No.7487 Tirupati-Visakhapatnam Tirumala Exp. In a second class general compartment by holding the said ticket. During the course of his journey, the deceased J. Ramesh slipped and fell down accidentally from the said train at KM No.679/2-4 in between Hamsavaram and Tuni Railway stations due to speed, jerks and jolts. As a result, he sustained severe head injury and other multiple fractures and died on the spot on the same day morning hours of 6/4/2010.