ERLA SUSHEELA Vs. UNION OF INDIA

JUDGEMENT

(1.) Erla Narasinga Rao, the husband of the 1st appellant, father of the 2nd appellant, son of appellants 3 and 4, and brother of appellants 5 and 6, was a resident of Luxettipet village of Adilabad District. On 24-3-1998, he went to Kolanur. Narasinga Rao, wanted to proceed to Sirpur Khagaznagar. He is said to have purchased the ticket at Kolanur Railway station, for Train No.321. He died in an accident. The dead body was found on the tracks, and on a memo issued by the Station Master, F.I.R. was registered, to the effect that in the Kolanur station yard, at point No.20/A, a dead body, which was cut into two pieces, was found on the track, at 8.20 hours. Inquest was prepared on 24-3-1998. It was mentioned that the deceased died in his attempt to board the train.

(2.) The appellants filed O.A.A. No.150 of 1998 before the Secunderabad Bench of the Railway Claims Tribunal (for short 'the Tribunal'). They pleaded that the deceased died in an untoward incident, and that they are entitled to be paid compensation, under Section 124-A of the Railways Act (for short 'the Act'). The necessary facts were pleaded.

(3.) The respondent filed a reply. It was admitted that a male person, aged about 25 years was run over, by train No.321, at 8.20 hours at point No.20/A, at Kolanur station yard. However, they denied that the death was on account of any fall from train. The Tribunal framed necessary issues. However, it rejected the claim, on the ground that the case does not fall under Section 124-A of the Act. Hence this appeal.