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1999 Supreme(AP) 670

C.V.N.SASTRY
General Manager, South Central Railway, secunderabad – Appellant
Versus
K. Narayana Rao – Respondent


C. V. N. SASTRY, J.

( 1 ) WHEN the C. M. Ps. came up for hearing, the learned Counsel for both parties addressed arguments in the main appeal itself and accordingly the appeal itself is being finally disposed of.

( 2 ) THIS is an unfortunate case where a lady passenger, aged about 49 years, who was travelling in the second class railway compartment from Madras to Guntakal fell down from the train near Gooty Railway station and she was crushed between the train and the platform resulting in her instantaneous death. The husband and the daughter of the deceased, who were also travelling in the same train, have preferred a claim for compensation before the railway Claims Tribunal. Along with the claim application, they filed the relevant documents like the First Information report, inquest report, the original copy of the ticket coupon, the original copy of the e. F. T. (Excess Fare Ticket) of the deceased and also the salary certificate of the deceased who was employed as a Nursing Tutor.

( 3 ) THE respondent-Railway filed acounter opposing the claim mainly on the ground that the death occurred on account of the negligence and careless act of the deceased who attempted to step down fro









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