THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CIVIL MISCELLANEOUS APPEAL No.692 of 2015

JUDGMENT:

Aggrieved by the order dated 18.06.2015 passed in

O.A.A.No.89 of 2007 on the file of the Railway Claims Tribunal, Secunderabad Bench (for short ‘the Tribunal’), this civil

miscellaneous appeal is filed by applicants.

2. Heard Mr. S.Chandra Sekhar, learned counsel for appellants and Mr. Sanjeev Reddy Gillella, learned Standing

Counsel for Central Government for respondents.

3. Applicants are heirs of deceased (one Jayamma), the deceased with her daughter Dhanalaxmi (applicant No.5) was travelling from Chandrapur to Kazipet with a valid journey ticket bearing No.19672513 by train No.7092, Patna Express. It is the case of applicants that deceased had an accidental fall from train at Hasanparthi Road station due to violent jerks, sustained grievous injuries, while being taken to Mahatma Gandhi Memorial (MGM) hospital, Warangal, by railway

officials, died on the way. Entire controversy revolves around issue whether Railways are liable to pay compensation for the death of deceased.

4. It is the case of Railways, that death was not due to accidental fall leading to an untoward incident within the meani