S C RAILWAY SECUNDERABAD Vs. RAZIA BEGUM

JUDGEMENT

(1.) This appeal is directed against the order passed in O.A.A.No. 110/97 by the learned Railway Claims Tribunal, Secunderabad allowing the claim petition filed by the claimants and awarding Rs. Two Lakhs towards compensation.

(2.) The facts are that on 13-10-1997 Akbar Pasha (hereinafter referred to as the "deceased"), his wife and his minor daughter boarded train No.368, Hyderabad - Kazipet passenger at Secunderabad Railway station to go to kazipet and when the said train halted at Aler Railway station, the deceased got down and after taking tea at the station, canteen, was returning to board the train and in the process when the train moved the deceased fell down on the track and sustained severe injuries and died on the spot. The dependants of the deceased filed claim petition claiming compensation for the death of the deceased. The railways contested the claim petition stating, inter alia that there was negligence on the part of the deceased in boarding the train and that the act of the deceased does not come within the purview of "untoward incident" and that therefore the Railways is not liable to pay compensation. The lower tribunal having considered the material available found that the Railway is liable to pay compensation and awarded Rs. Two lakhs towards compensation. Challenging the same the Railways filed the present appeal.

(3.) Sri B.H.R. Chowdary, learned counsel appearing for the Railways contends that the deceased was not a bona fide passenger, that the negligent act of the deceased inboarding the train and consequential fall from the train and his death does not come within the purview of Sec.124-A of the Railways Act and thereby the incident is not an "untoward incident" and that therefore the Railways is not liable to pay any compensation.