ARTHAMUDI RAMU Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed under Section 23 of the Railway Claims Tribunal Act, assailing the order, dated 17/10/2005, in O.A.A. No. 229 of 1999 passed by the Railway Claims Tribunal, Secunderabad Bench It raises an important question of law viz, whetherthe proceedings instituted before the Tribunal by an individual, claiming damages forthe injuries received by him in an untoward incident oraccident, would survive his death during the pendency of the proceedings

(2.) The deceased-first appellant submitted a claim before the Tribunal, stating that he was travelling from Rajahmundry to Nidadavolu on 22-03-1999, in Tram No 8561, Link Express, and when the Tram was about to stop at Nidadavolu Station, the passengers, who stood behind, pushed him, resulting in his fall between the moving tram and platform No 2 It was pleaded that as a result of the fall, his left leg was run over and was later on, amputated A sum of Rs. 4,00,000/- was claimed as compensation

(3.) The respondents resisted the claim and stated that no untoward incident, as such, has taken place at Nidadavolu Station on 22-03-1999 It was contended that the first appellant was not a bona fide passenger and even if he has fallen from the tram, it is only on account of his negligence and the injuries are self-inflicted ones