JUDGMENT :

S.M. SUBRAMANIAM, J.

1. The judgment dated 03.11.2015 passed in OA (II-U)319/2014 is under challenge in the present Civil Miscellaneous Appeal.

2. The details of the untoward incident occurred, which resulted filing of an application under Section 16 of the Railways Act, which stated as under:

"On 22.05.14 after seeing his wife at his aunt's house at Kesaavaram Village, he left for his native place by train. The applicants came to know from the Gudur Railway Police, that the deceased, while traveling in any one of the train, prior to 09.00 hrs of 22.05.14, due to rush and jerk of the train, accidentally fell down from the running train between Naidupeta and Pedapariya Railway Stations, suffered grievous injury on head, near left eye, near left ear and died at the place of occurrence. It was an untoward incident. The second class ticket purchased by the deceased for his travel from Nayudupet to Gudur was said to have been lost at the time of accident and the same could not be traced by the police authorities."

3. The learned counsel appearing on behalf of the respondent/Railways mainly contended that the Divisional Railway Manager ['DRM' for brevity] Gummidipoondi, made a find