SOUTH CENTRAL RAILWAY Vs. A VEERA LAKSHMI BHASKARAM

JUDGEMENT

(1.) The present appeal is preferred by the appellant-respondent being aggrieved by the orders passed by Railway Claims Tribunal, Secunderabad Bench at Secunderabad (for short 'the Tribunal') in O.A. No. 107 of 1997, dated 16.4.1998.

(2.) The respondent No. 1, who is the wife of the deceased and his dependants filed the above O.A. before the Tribunal, seeking compensation for the death of the deceased. Respondent No. 2 applicant is the married daughter, respondent No. 3 is the unmarried daughter and respondent No. 4 is the son of the deceased. It is the case of the claimants that while the deceased was travelling by train No. 7047, Gautami Express running from Kakinada Town to Secunderabad on 27.7.1997, fell down accidentally from the train at Kakinada Town Railway Station and suffered multiple injuries, as a result of which he died on the spot.

(3.) On behalf of the Railways, a written statement was filed contending that the deceased was trying to enter into coach of Gautami Express while the train was rolling on to the platform at Kakinada Town Railway Station and had not come to a stop and, therefore, the incident cannot be treated as a fall from a running train and hence the claimants are not entitled to any compensation.