GENERAL MANAGER SOUTH CENTRAL RAILWAY Vs. M RAMCHANDER

JUDGEMENT

(1.) This appeal arises out of an order dated 30-3-1998, passed by the Secunderabad Bench of the Railway Claims Tribunal in O.A.A. No.103 of 1997.

(2.) Respondents 1 and 2 filed the claim before the Tribunal alleging that their son, by name, Srinivas, fell down from the train at Nagulapally Railway Station, while travelling from Shankarapally to Sanathnagar, on 4-9-1997 through passenger Train No.329! According to them, he went to Shankarapally along with his brother, to the house of their relatives on 1-9-1997. The brother of the deceased is said to have returned on 3-9-1997; whereas the deceased, who got down at Nagulapally Station, fell down in the process of catching the train. The appellant filed written statement, disputing its liability. It took the plea that the deceased was not a bona fide passenger. It was also contended that the deceased was trying to catch a moving train, and it cannot be said to be an untoward incident.

(3.) The Tribunal framed three issues, viz., whether the respondents were dependant on the deceased; whether the deceased was a bona fide passenger, and whether the accidental fall, as alleged, is not an untoward incident.