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2004 Supreme(AP) 1510

V.V.S.RAO
Union of India – Appellant
Versus
BORRA VIJAYALAKSHMI – Respondent


V. V. S. RAO, J.

( 1 ) THIS appeal by Union of India represented by its General Manager, South central Railway, Secunderabad is against the order of the Railway Claims Tribunal, secunderabad in O. A. A. No. 120 of 1997 dated 03-6-1998.

( 2 ) THE respondents 1 and 2 herein alongwith two others filed O. A. A. No. 120 of 1997 before the learned Tribunal alleging that the husband of the first respondent and father of the second respondent while travelling in train No. 404, Guntur - Repalle passenger, from Tenali to Repalle on 01-4-1996, fell down from the running train between penumarru Railway station and Bhattiprolu railway station and sustained fatal injuries, as a result of which, he suffered instantaneous death. The respondents claimed a sum of Rs. 2,00,000/- as compensation for the death of Siva Venkata subrahmanyam on account of "untoward incident". The appellant herein opposed the application on two grounds, namely, that the accident did not occur in any railway station and that the deceased was an unauthorized passenger on the train. The learned Tribunal overruled the two objections and awarded the compensation as claimed duly apportioning the sum to all the claimants.

( 3 ) IN







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