This appeal is filed by Railways questioning

the correctness of the order dated 31.08.2010

passed

in

O.A.167/2007

by

Railway

Claims

Tribunal, Bengaluru Bench.

2. The respondents are the parents of the

deceased by name P.Ramesh. The dead body of

P. Ramesh was found cut into two pieces near

Nayandahalli Railway Station at KM.No.1/100. The

petitioners stated before the tribunal in their claim

petition that on 27.12.2006 at about 7.00 p.m.,

the deceased, his father and father9s driver left

Hyderabad for Bengaluru in a train. About 4.30

a.m., the train reached Dharmavaram station and

there the deceased got down for having a cup of

tea, while his father and the driver were sleeping

inside the coach. Since the train started moving

and picked up speed, the deceased could not get

:: 3 ::

into the compartment and thus he missed the train

at Dharmavaram. Only his father and driver

reached Bengaluru. Deceased reached Bengaluru

by boarding another train bound to Bengaluru and

searched for his father and driver, but could not

trace them. Then the father and driver returned

to Hyderabad on 30.12.2006 under the impression

that

the

deceased

might

have

returned

to

Hyderabad, but the deceased had not gone back to

Hyderabad and therefore they made a complaint to

Kachiguda Railway Police on 2.1.2007 and to the

Dharmavaram

Railway

Police

Station

on

21.1.2007. Dharmavaram Railway Police asked

the father to enquire in the Railway Police Station

at Bengaluru. Accordingly the father came to

Bengaluru and when he made enquiries, he was

shown the photograph of the deceased. Then the

father came to know that his son had been killed

in a railway accident. On 3.11.2007, the father

received a letter addressed to the deceased. That

:: 4 ::

letter was written by one T. Muralidhar requesting

the deceased to return the hand loan of Rs.1,000/-

that the deceased had obtained from him on

28.12.2006. After receipt of this letter, the father

contacted Muralidhar and came to know that his

son spent a night on 28.12.2006 with him and that

on the next day i.e., 29.12.2006, the deceased

went

to

Mysuru

by

boarding

train

No.232,

Bengaluru 3 Mysuru passenger. This led to filing

of claim petition before the tribunal in connection

with death of P.Ramesh.

3.

The

tribunal

after

conducting

enquiry

awarded compensation of Rs.4,00,000/- to the

respondents/claimants

with

interest

and

questioning the same the railways has preferred

this appeal.

4. Learned counsel for the appellant raised

two points, firstly that the deceased was not a

bonafide purchaser, no railway ticket was found

:: 5 ::

and secondly that the body of the deceased was

found cut into two pieces on the railway track. If

really he was traveling in the train and that he had

fallen from the moving the train, it was impossible

that the body would come under the wheels. The

injuries that would be caused would be of different

nature and most probably the deceased might

have come under the wheels of the train when he

was crossing the railway track. For this reason,

the railway is not liable to pay any compensation.

In support of his second point of argument, he has

placed reliance on the judgment of the Supreme

Court in the case of Kamrunnissa Vs. Union of

India 3 (2019) 12 SCC 391. Therefore he

argued for allowing the appeal and setting aside

the order passed by the tribunal.

5. Learned counsel for the respondent argues

that the inquest panchanama clearly discloses that

body was found on the railway track. AW.2

:: 6 ::

Muralidhar has given evidence very clearly that he

saw off the deceased at the railway station. He

has also stated that the deceased purchased ticket

and boarded Bengaluru 3 Mysuru passenger. His

evidence

is

not

assailed

and

therefore

the

deceased was a bonafide passenger and that the

respondents were entitled to claim compensation

in connection with the death of their son.

6. I have considered the arguments put forth

by learned counsel for the parties. Ex.A.2 is the

inquest panchan