UNION OF INDIA Vs. M SIVA PARVATI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the judgment dated 16-9-2003 passed in O. A. A. No. 246 of 1999 on the file of Railway Claims Tribunal, Secunderabad, whereby and whereunder the application of R-1 to R-3 filed under Section 16 r/w sections 124-A and 125 of the Indian Railways act, 1989 came to be allowed granting compensation of Rs. 4. 00 lakhs.

(2.) BACKGROUND facts of the case in a nutshell leading to filing of this appeal by the union of India represented by General Manager are: one M. Seshagiri along with five others travelled in Pinakini Express from Erode in tamilnadu to Tenali in Andhra Pradesh. The said train reached Tenali at 2050 hours on 20. 10. 1998 on platform No. 4. Seshagiri while alighting from the train fell down due to the jerk of the train before coming to complete halt. He sustained injuries and co-passengers shifted him to the Government Hospital, Tenali where he succumbed to injuries on the same day. His wife and two children filed O. A. A. No. 246 of 1999 before the Railway Claims tribunal, Secunderabad claiming compensation of Rs. 4. 00 lakhs. Parents of seshagiri did not join in the petition as petitioners and therefore they came to be impleaded as R-2 and R-3 in the O. A. A.

(3.) THE appellant herein who is 1st respondent in the O. A. A. filed counter resisting the claim of the applicants. It is the plea of the appellant that no incident as projected by the applicants had taken place on 20. 10. 1998 at 2050 hours. A further plea of the appellant is that the incident alleged cannot be categorized as an untoward incident and therefore the applicants are not entitled for any compensation. The Tribunal framed the following issues: