UNION OF INDIA Vs. S YADAGIRI ALIAS YADAIAH

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the order, dated 23-10-1998, passed by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad in O.A.A. No.1 1 of 1998.

(2.) The respondents filed O.A.A. No. 11 of 1998 claiming that their son, S. Chiranjeevi, a student of Intermediate, boarded the Secunderabad-Guntur Golkonda Express at Aler Station on 27-10-1997 to go to the house of his uncle at Kazipet duly purchasing the ticket. It is stated that after he boarded the train, he slipped from it and fell down accidentally and died on the spot. They claimed compensation of Rs.2,00,000/- in accordance with the provisions of the Railways Act, 1989, (for short 'the Act') and the Rules made thereunder.

(3.) The appellant filed a written statement alleging that the cause of the death of the deceased was the attempt by the deceased to board the speeding train in a dangerous manner and that he died on account of his own carelessness and negligence. It is pleaded that the deceased died on account of an untoward incident and in that view of the matter, they are not liable to pay the compensation.