Telangana High Court
The South Central Railways vs Mandanal Panda 2 Ors on 3 January, 2020
THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD
C.M.A.No.727 OF 2011
JUDGMENT:
This appeal is preferred against order dated 29.07.2010 passed in OAA No.159 of 2003 by the Railway Claims Tribunal, Secunderabad Bench, whereby the tribunal granted Rs.4,00,000/- on the ground that the claimants are dependants of the deceased, the deceased was bonafide passenger and the deceased died due to an untoward incident of accidental fall from the train.
2. The brief facts of the case are that on 09.04.2003 while the deceased was traveling from Tangutur to Vizianagaram in train No.7480 Tirupathi - Howrah express dropped from train at KM No.127/7-8 posts in between Tanuku and Attili railway stations and succumbed to injuries.
3. Railways resisted the claim application of the claimants.
4. Basing on the contentions, the tribunal examined AW.1 and marked Exs.A.1 to A.4 on behalf of the claimants and RWs1 and 2 were examined and marked Ex.R.1 and R.2 on behalf of the railways.
5. Learned standing counsel for the Railways submitted that the tribunal erred in finding that the deceased was bonafide passenger and that the incident occurred is not an untoward and hence, prayed to allow the appeal setting aside the order passed by the tribunal.
6. A perusal of the material available on record and having regard to the facts and circumstances of the case, the tribunal has rightly granted compensqation on proper appreciation of evidence 2 and material available and hence, the order passed by the tribunal is well considered and needs no interference of this Court and hence, the appeal is liable to be dismissed.
7. Accordingly, the appeal is dismissed confirming the order dated 29.07.2010 passed in OAA No.159 of 2003 by the Railway Claims Tribunal, Secunderabad Bench. There shall be no order as to costs.
Miscellaneous Petitions, if any, shall stand closed.
_______________________ T.AMARNATH GOUD,J Dated 03-01-2020 kvrm