SAMUDRAPU JAYAVANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant aggrieved by the order of the Railway Claims Tribunal, Secunderabad in O.A.No.370 of 2006 dt.20.08.2010.

(2.) Brief facts leading to filing of this Appeal are that the appellant is the wife of the deceased Samudrapu Ganeswara Rao who was aged 27 years. On 13.02.2006, the deceased had gone to Rajam to look for employment and on the next day, he was found dead on the railway tracks between Nallimarla and Vizianagaram at Km 810/41-43. A Key man of the railways found the body at about 7.15 A.M. on 14.02.2006 and thereafter, the same was reported to GRP (Government Railway Police) and after the inquest and post-mortem, the body was handed over to his family members.

(3.) The wife of the deceased filed an Application before the Railway Claims Tribunal stating that the death of the deceased was due to railway accident and that she is entitled to compensation of Rs.4,00,000/-. It is stated that after meeting the MRO and MDO at Rajam, the deceased purchased a ticket and boarded the train to return home and on the next day, his body was found on railway tracks and therefore, the death was caused due to railway train accident. In support of her contention that the deceased had boarded the train after purchase of the ticket, her cousin, R. Rambabu, was examined as A.W.2 who confirmed that he had gone with the deceased to Ponduru station, where he purchased a ticket and boarded Howrah - Tirupati Express at 20.20 hours on 13.02.2006. In the cross-examination, he denied the suggestion that he was giving false evidence only to help the applicant. In his affidavit, he stated that on 14th February, 2006, he came to know of the death of the deceased and after formalities were over, he went to GRP, Palasa to give his statement, but it was not recorded by the police. The Applicant also submitted copies of the FIR, the inquest report, the post-mortem report, all certified by Assistant Tribal Welfare Officer, Kurupam, and the death certificate of the deceased. The FIR mentioned about finding of a body of 40 years old male on the up-line track. The inquest report mentioned that the wife and father-in-law and the husband of the maternal aunt of the deceased were the witnesses examined for the inquest and the injuries found were on the chest, ear, cheek, forehead and head and oozing wounds were there on the body with black grease oil stains. Basing on the FIR, the wounds, the scene of offence, the statements of blood relatives and the inquest report, the Railway Claims Tribunal concluded that the deceased was in a disturbed condition and as Jarajapupet Railway LC gate was closed, he was passing by a pathway used by the public when the gate was closed and was hit by an unknown train accidentally. The post-mortem was conducted on 15.02.2006 at 9.30 A.M. and it also stated that the death was due to multiple ante-mortem injuries and injuries were caused to vital organ brain. It was also recorded that no railway ticket was found from the body and therefore, the Tribunal has concluded that the deceased was not a bonafide passenger and that his death was an untoward incident. Thus, no compensation was awarded by the Railway Claims Tribunal and against this nil award, the applicant is in Appeal before this Court by raising grounds that the Railway Claims Tribunal has not appreciated the evidence produced by the applicant properly.