UNION OF INDIA Vs. E RAMAMOHAN

JUDGEMENT

(1.) Respondents 1 and 2 filed O.A.A.No.70 of 1998, before the Railway Claims Tribunal, Secunderabad Bench, pleading that their son, by name, Sridhar (hereinafter referred to as the deceased) was scheduled to attend an Interview at the Visakhapatnam Naval Base on 03.11.1997, and for that purpose, he along with his grand-mother, boarded Train No.471, Vijayawada-Visakhapatnam passenger on 01.11.1997 at Vijayawada. They stated that, he fell down from the train at Bayyavaram Railway Station near, near Tuni, and died. They claimed compensation by alleging that the incident is the result of an accidental fall.

(2.) The appellant filed a written statement denying its liability. It was stated that there was nothing to disclose that the death of the deceased occurred on account of an accidental fall from the train, and that, at any rate, the death occurred on account of negligence on the part of the deceased.

(3.) The first respondent was examined as AW-1 and the grand-mother of the deceased, was examined as AW-2. Exs.A-1 to A-5 were marked. The Assistant Station Master of Bayyavaram railway station was examined as RW-1. Through its order, dated 18.11.1998, the Tribunal awarded a sum of Rs.4,00,000/-, with 9% interest, till the date of realization. The same is challenged in this appeal.