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2003 Supreme(AP) 1462

B.SUBHASHAN REDDY, GODA RAGHURAM, P.S.NARAYANA
Union of India, South Central Railways – Appellant
Versus
Kurukundu Balakrishnaiah – Respondent


G. RAGHURAM, J.

( 1 ) A Division Bench of recorded a dissent with decisions of the this court by an order dated 22. 10. 2002 two earlier Division Benches of this court in Union of India v. Uggina Srinivasa Rao, 2003 ACJ 402 (AP) and Union of India v. B. Koddekar, 2003 ACJ 1286 (AP) and made a reference in respect of civil miscellaneous appeals preferred to this court, by the Railways under section 23 of the Railway Claims Tribunal Act, 1989 against the respective orders of Railway Claims Tribunals.

( 2 ) WHETHER a passenger trying to board or alight from a running train or standing near the door, jumped from the compartment, crossing the railway track or leaning out of the carriage; and during the course of such circumstance had fallen down and was either injured or had died, was entitled to compensation from the Railways under section 124-A of the Railways Act, 1989 ( the Act ) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, imprudent or negligent conduct of a person in any of the places within the precincts of a railway station [as enumerated and defined in section 123 (c) of the Act] would entitle him to comp




































































































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