UNION OF INDIA Vs. NAKKA LALITHA

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the Union of India, represented by General Manager, South Central Railway, Rail Nilayam, Secunderabad, being aggrieved by the decree and order made in O.A.A. No.265/1998 dated 26-12-2001 on the file of Railway Claims Tribunal, Secunderabad.

(2.) Respondents in the CMA are the applicants in OAA No.265/1998 specified supra. The wife and the minor children of one deceased Nakka Srinivasarao filed the aforesaid O.A.A. claiming compensation of Rs.4 lakhs on the ground that the said Nakka Srinivasarao, hereinafter referred to as "deceased" for the purpose of convenience, was done to death by virtue of an alleged untoward incident of accidental fall from the train while travelling from Eluru to Vijayawada by Train No.426 - Visakhapatnam-Vijayawada Passenger, on 26-9-1998. The Railway Claims Tribunal, hereinafter in short referred to as "Tribunal", in the light of the respective pleadings of the parties, having settled the Issues, recorded the evidence of AW1 to AW3 and also marked Exs.A1 to A5 and further examined RW1 and on appreciation of the evidence available on record came to the conclusion that the respondents/claimants are entitled to compensation amount and the 1st respondent/1 st applicant was held to be entitled for apportioned amount of Rs. 1 lakh and Respondents 2 and 3/applicants 2 and 3, are entitled to apportionment of Rs.1.5 lakhs each. Aggrieved by the same, the present civil miscellaneous appeal had been preferred.

(3.) Sri T.S. Venkataramana, the learned Counsel representing the appellant had taken this Court through the respective pleadings of the parties and the evidence available on record and would maintain that the Tribunal had totally erred in awarding the compensation since it is a case of suicide. The learned Counsel also pointed out to the relevant portions of the evidence and also the findings recorded by the Tribunal in this regard and would contend that even in the light of the evidence of AW3, the Investigating Officer, it is clear that the deceased having vexed with his life because of the financial problems had committed suicide and hence in the light of the same the order made by the Tribunal is liable to be set aside.