NETHEKAR CHANDRAKALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the applicants under Sec. 23 of the Railway Claims Tribunal Act, 1978 (for short 'Act') aggrieved by the order dtd. 22/9/2010 in OAA No.343 of 2002 passed by the Railway Claims Tribunal Secunderabad Bench at Secunderabad (hereinafter referred to as 'Tribunal'), wherein the claim application filed by the applicants claiming compensation for death of one Nethikar Bhadri Narayana (hereinafter referred to as 'deceased'), was allowed granting compensation of Rs.4,00,000.00 along with interest at 9% per annum from the date of order till realization. Dissatisfied with the said order, the present appeal is filed at the instance of the applicants before the Tribunal.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the Tribunal.

(3.) The brief facts of the case of applicants are that on 25/11/2002 at about 07:05 PM, the deceased purchased general train ticket by paying Rs.45.00 at Miryalguda railway station to go to Guntur and boarded train bearing No.7054 Hyderabad-Chennai express and his cousin one Gogiker Kishan accompanied the deceased to the railway station for send off and when the train moved the said Kishan went back to his home. However, when the said train crossed the platform of Miryalguda railway station due to heavy rush, the deceased was thrown out from the general compartment. He was crushed by the said train and was dragged for some distance. Due to the said untoward incident, the deceased died on the spot. Hence, the present application is filed by the dependants of the deceased seeking compensation for the death of the deceased.