M.SEETHARAMA MURTI
Shaik Mahaboob Basha – Appellant
Versus
Union of India – Respondent
M. Seetharama Murti, J.
1. This is an appeal by the unsuccessful applicants assailing the judgment dated 5.11.2007 of the III Member of Secunderabad Bench of the Railway Claims Tribunal, Secunderabad passed in OAA No. 253 of 2001. I have heard the submissions of the learned Counsel for the applicants and the learned Standing Counsel for Union of India/Railways. I have perused the material record.
2. The history of the case, in brief, is this:
The applicants are the parents and the sister of Shaik Samdani Basha, the deceased. They had filed the claim petition before the Railway Claims Tribunal claiming a compensation of Rs. 4,00,000/- for the loss sustained by them on account of the untimely death of the said deceased due to his involvement in an untoward incident, viz., accidental fall from a train. The Railways had resisted the said claim by filing a counter before the Tribunal. At trial, AWs. 1 and 2 were examined on the side of the applicants and Exhibits A1 to A5 were marked. While adjudicating the lis, there was no concurrence between the two Members of the Bench. One Member (Technical) had held in favour of the applicants holding that they are entitled to compensation
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