UNION OF INDIA Vs. BORRA VIJAYALAKSHMI

JUDGEMENT

(1.) This appeal by Union of India represented by its General Manager, South Central Railway, Secunderabad is against the order of the Railway Claims Tribunal, Secunderabad in O.A.A.No. 120 of 1997 dated 03-6-1998.

(2.) The respondents 1 and 2 herein alongwith two others filed O.A.A.No. 120 of 1997 before the learned Tribunal alleging that the husband of the first respondent and father of the second respondent while travelling in Train No. 404, Guntur - Repalle passenger, from Tenali to Repalle on 01-4-1996, fell down from the running train between Penumarru Railway station and Bhattiprolu Railway station and sustained fatal injuries, as a result of which, he suffered instantaneous death. The respondents claimed a sum of Rs. 2,00,000/- as compensation for the death of Siva Venkata Subrahmanyam on account of "untoward incident". The appellant herein opposed the application on two grounds, namely, that the accident did not occur in any railway station and that the deceased was an unauthorized passenger on the train. The learned Tribunal overruled the two objections and awarded the compensation as claimed duly apportioning the sum to all the claimants.

(3.) In this appeal, the learned Counsel forthe appellant, Sri B.H.R. Chowdary, submits that when a person, who dies in an accident involving railways, is an unauthorized passenger without ticket, he cannot be granted any compensation. He would also contend that the deceased fell down from the running train between the two railway stations, not within the premises of a railway station, and therefore Sections 123 and 124 of the Railways Act, 1989 (the Act, for brevity) are not attracted. Per contra, the learned Counsel for respondents placing reliance on the judgment of a Division Bench of this Court, to which I was a member, in Union of India v. Uggina Srinivasa Rao, submits that the factum of Subrahmanyeswara Rao travelling in the train is proved and, therefore, the claimants are entitled to claim compensation towards the death of the husband of the first respondent on account of untoward accident.