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2014 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
Vilas V. Afzulpurkar, J.
Union of India v. S. Padmaja and Others


Table of Content
1. appellant challenges compensation claim. (Para 1 , 2)
2. defense argues against claim due to prior ex gratia. (Para 3 , 6)
3. tribunal found liability exists despite ex gratia. (Para 4 , 5 , 10)
4. court confirms rights under the railway act. (Para 9 , 11 , 12)
5. appeal dismissed, upholding tribunal's order. (Para 14 , 15 , 16)

1. Union of India through General Manager, South Central Railway, is in appeal against the order of Railway Claims Tribunal, Secunderabad, in O.A.A. No. 130 of 2007, dated 30.3.2011.

2. Under the aforesaid award, the Railway Claims Tribunal considered the claim of the respondents for compensation of Rs. 4,00,000 with interest on account of the death of the husband of claimant No. 1 late S. Janaki Ramaiah. It is alleged that he was a Railway Protection Force constable deputed to Bapatla and while on return to Vijayawada, by train No. 7480, Tirupati - Puri Express, he accidentally fell down from the train on platform No. 3 at Bapatla Station on 13.3.2007 and died.

3. The appellant Railways while denying the averments in the claim petition stated that the deceased fell down while trying to board the train from the offside and as such it is a self -































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