UNION OF INDIA REP Vs. POTHU BABURAO

JUDGEMENT

(1.) Pothu Varahalamma, a woman aged 60 years, died in the early hours of 13-01-1998 while alighting the Godavari Express at Tuni. Her children, the respondents herein, filed O.A.A.No. 36 of 1998 before the Railway Claims Tribunal, Secunderabad Bench, claiming compensation on the ground that her death occurred on account of the accidental fall. The appellant resisted the plea. Though its order, dated 05-10-1998, the tribunal awarded a sum of Rs. 4,00,000/- to the respondents as compensation. Hence, this appeal by the South Central Railway, Secunderabad.

(2.) Learned counsel for the appellant submits that even according to the First Information Report, marked as a document, and the evidence on record, its is clear that the deceased attempted to alight the train from the off side of the platform and thereby, she was negligent. According to him, the Railways cannot be held responsible to pay compensation where an injury or death takes place on account of the negligence or lack of prudence on the part of the victims.

(3.) Learned counsel for the respondents, on the other hand, submits that the deceased was forced to alight from the offside of the platform on account of the fact that the door of the coach towards the platform side was closed.