TAMADA YASODA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Appeal is preferred by the appellants aggrieved by the judgment dtd. 16/10/2019 passed in OA/II/u/261 of 2010 by the Railway Claims Tribunal, Amaravaati Bench, Guntur (for short "the Tribunal").

(2.) The claim of appellants/applicants before the Tribunal is that they have filed an application before the Tribunal under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Sec. 124-A and 125 of Indian Railways Act 1989 against the respondent Railway administration claiming compensation of Rs.8,00,000.00 with interest from the date of accident and costs for the death of Sri Tamada Kurma Rao (hereinafter referred to as "the deceased") in an alleged untoward incident that occurred on 03. 02.2010. The claim of the appellants is that in the early hours of 3/2/2010, the deceased boarded DMU Passenger as usual from Korlam to Surla Railway station. During the course of journey, the deceased accidentally slipped and fell down from the said train at KM No.635/20-22 in between Jadupudi and Ichapuram Railway stations due to heavy rush of passengers and jerks of the train. As a result of which, he died on the spot.

(3.) The respondent Railway administration filed its written statement and denied all the allegations made in the claim application and stated that no journey ticket or any travel authority was found from the possession of the deceased, thus the deceased was not a bona fide passenger. It is further stated that there was no such report of falling of any passenger either by the guard or by any co-passenger of that train. As such, the claim does not fall within the ambit of Sec. 123(c ) read with Ss. 124, 124A of the Railways Act, 1989. Hence, the Railway administration was not liable to pay compensation.