THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A. No.769 OF 2010 JUDGMENT: 1 This appeal is directed against the order dated 30.06.2010 passed in O.A.A.No.385 of 2003 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad whereunder and whereby the claim petition filed by the applicants seeking compensation of an amount of Rs.4.00 Lakhs for the death of one Kanukam Mallaiah (hereinafter referred to as ‘the deceased’) was allowed. 2 Brief facts that are necessary for disposal of the appeal are that on 01.12.2003 while the deceased was travelling from Jammikunta to Ramagundam with a valid journey ticket (No.17323858) and accidentally slipped and fell down between Konanur and Peddapalli stations at KM No.298/3-1, sustained injuries and died on the spot. Hence, the applicants who are the wife, sons and daughter of the deceased filed the said claim application before the Tribunal seeking compensation of Rs.4.00 Lakhs from the railways. 3 The Railways contested the said claim petition by filing written statement stating that the dead body of the deceased was found by the Key man, that there were no eye witnesses to the incident, and that the incident if at all happened was on account of self inflicted injury as there was no scope to fall from the train and hence the Railways are exempted from paying compensation and prayed to dismiss the claim petition. 4 On the basis of the above pleadings, the Tribunal framed the following issues: i. Whether the deceased was a bona fide passenger at the time of accident? ii. Whether the deceased died of injuries sustained in an untoward incident, if so, what amount of compensation the applicants are entitled to? 5 During the course of trial, on behalf of the applicants A.W.1 was examined and Exs.A.1 to A.6 were marked. On behalf of the respondent/Railways, R.W.1 was examined, and Ex.R.1 was marked. 6 After considering the entire oral and documentary evidence available on record, the Tribunal allowed the said claim application granting compensation of Rs.4.00 lakhs to the applicants together with interest at 6% p.a. from the date of application till the date of actual payment and directed the appellant/railways to deposit the said amount within three months from the date of order. Aggrieved thereby the Railways preferred this appeal. 7 Now the point for consideration is whether the award impugned in this appeal is correct, legal and valid? 8 The learned standing counsel appearing for the appellant /Railways contended that the Tribunal passed the award without framing necessary issue with regard to the dependency and prayed to set aside the impugned order. 9 On the other hand the learned counsel appearing for the applicants contended that the impugned order was passed after assessing the entire evidence on record and hence that order needs no interference and prayed to dismiss the appeal. 10 For claiming compensation under section 124-A of the Railways Act, 1989 (for short ‘the Act’) the application must be filed by the dependents of the deceased. The word ‘dependent’ is defined under Section 123 of the Act, which includes wife, husband, son and daughter and in case the deceased is unmarried, or is a minor, his parent. There must be pleading and evidence with regard to dependency of the applicants on the earnings of the deceased as on the date of untoward incident. Unless an issue has been framed, question of adducing evidence on this aspect may not arise. When the Railway Administration disputed the dependency of the applicants on the deceased, the Tribunal ought to have framed an issue with regard to the fact whether the applicants were legal heirs and dependents of the deceased. But no such issue has been framed in the present case. Unless an issue is framed, question of adducing evidence and resolving the dispute in terms of Section 124-A of the Act does not arise. 11 Hence, this appeal is allowed and the order impugned in this appeal is set aside. The matter is remanded to the Tribunal directing to frame an issue with regard to the dependency of the applicants on the deceased and thereafter give a reasonable opportunity to both parties to let in evidence on this aspect and dispose of the claim petition in accordance with law. No costs. ____________ K.C. BHANU, J. 12.10.2011 Kvsn