AREMPULA VENKATESWARLU Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the appellant/applicant against the orders in O.A. II (U) No.219 of 2010, dtd. 20/7/2017 on the file of the Railway Claims Tribunal, Secunderabad Bench.

(2.) The brief facts of the case are that on 14/2/2010, the mother of the applicant i.e. the deceased Arempula Chandramma went to Motamarri on her personal work and after that, in the evening, the deceased returned to Motamarri Railway Station, purchased journey ticket bearing No.41532 from Motamarri to Khammam for Rs.6.00 and as the goods train was halted in Motamarri railway station, Train No.172 i.e. Vijayawada-Dornakal Passenger was taken up on the main line. The deceased went on Up main line on the track to board the said train and accidentally got hit by Train No.172 Up passenger train and sustained severe injuries. The Deputy Station Manager, who was on duty, shifted the injured person into the same train with the help of passengers and informed to on-duty Deputy Station Manager, Bonakal for arranging medical aid at Bonakal. When they reached Bonakal, 108 ambulance staff came and declared the injured as dead.

(3.) The respondent-Railways filed a detailed written statement before the Tribunal contending that the appellant is not entitled for any compensation for the death of the deceased, as the accident did not occur while the deceased was traveling on the train as a bona fide passenger.