UNION OF INDIA Vs. S REKHA

JUDGEMENT

(1.) This appeal is filed against the order dated 21-4-1998 passed in OAA No.115 of 1997 by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad.

(2.) The applicants-respondents herein filedOAANo.115of 1997claiming compensation of Rs.4 lakhs on account of the death of one S. Raju on 9-11-1997 due to falling down from Rayalaseema Express at Nawandgi platform. It was alleged in the petition that when the train halted at Nawandgirailway station, when the deceased tried to get down, he slipped and fell down due to sudden movement of the train and he was run over by the train and died on the same day i.e. on 9-11-1997. It was further stated that the accident is an 'untoward incident' within the meaning of Section 124-A of the Railways Act, 1989, (for short, 'the Act') and as such sought for compensation of Rs.4 lakhs. The claim of the applicants-respondents herein was opposed by the Railways on various grounds.

(3.) By the impugned award the Tribunal having held that the accident was an 'untoward incident' within the meaning of Sec.124-A of the Act awarded compensation as prayed for the applicants-respondents herein. Aggrieved by the same, this appeal by the Railways.