UNION OF INDIA Vs. AVULA VIJAYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal, under Section 23 of the Railway Claims Tribunal Act, 1987, is directed against the order, dated 14.06.2011, in O.A.A.No.139 of 2004, on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad (for short, the Tribunal).

(2.) The appellant in the C.M.A. is the respondent, and the respondents in the C.M.A. are the applicants, before the Tribunal. For better appreciation of facts, the parties hereinafter are referred to, as they are arrayed before the Tribunal.

(3.) The brief facts are that one Avula Shanker, resident of Gudipally Village, Ramagundam Mandal, Karimnagar District, was a ginger and garlic merchant. He used to sell the same to the petty shop owners at Ramakrishnapuram, Mandamarri, Mancherial and Ramagundam etc. As usual, in the last week of December, 2003, he left the house informing that he was going to Nagpur for purchase of ginger and garlic. Thereafter, he did not return, therefore, the applicants started searching for him and finally came to know that one male person died on 18.01.2004 in an untoward incident between Mancherial and Peddampet railway stations at KM.263/24-26. The applicants went to railway police station, Bellampally, and on verification of the photos, clothes and other articles seized, they identified him as Avula Shanker, the deceased herein. The applicants filed the above OAA seeking compensation.