PARISA ANJALI Vs. UNION OF INDIA

JUDGEMENT

(1.) One P. Narasimha Rao, husband of the 1st appellant and father of appellants 2 to 4, boarded a Train, bearing No.6039 - Ganga Kaveri Express, at Vijayawada, on the intervening night of 4th and 5th January, 1997, to go to Warangal. He accidentally fell from the train at Mahaboobabad and died, while undergoing treatment. The appellants filed O.A.A.No. 47 of 1997before the Secunderabad Bench of the Railway Claims Tribunal (for short 'the Tribunal). It was pleaded that the deceased was a bona fide passenger and died in an untoward incident. The respondent opposed the claim, by filing written statement. The appellants were put to strict proof of the facts pleaded by them, including the fact that they are the legal heirs of the deceased. The Tribunal dismissed the claim petition, through its order, dated 04-12-2007. Hence this appeal.

(2.) Learned counsel for the appellants submits that there was no dispute, as regards the fact that the deceased was travelling in Ganga Kaveri Express, and that he has fallen and died, while the train was in motion. He contends that the evidence of A.W-2 and the Pointsman of Mahaboobabad cabin, clearly established that the death was due to accidental fall. He submits that the only ground on which the Tribunal rejected the claim was that, the ticket held by the deceased was not valid for that particular train. Learned counsel contends that the view taken by the Tribunal is untenable in law.

(3.) Sri B.H.R. Chowdary, learned counsel for the respondent, on the other hand, submits that the deceased has fallen from the train, on account of his gross negligence, and the Railways cannot be held liable to pay the compensation. He further submits that the deceased was not a bona fide passenger, inasmuch as the ticket held by him, was not valid for that train.