THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.119 of 2009 JUDGMENT: The wife of the respondent herein, by name N.Dhanamma, travelled in Charminar Express Train on 04.12.2003. She was about to alight the train at Naidupet Railway Station. However, on account of sudden jerk, she slipped and fell down, and was run over by the train. She died on the spot. The respondent filed O.A.A.No.246 of 2005 before the Railway Claims Tribunal, Secunderabad Bench (for short ‘the Tribunal’), claiming a sum of Rs.4,00,000/- as compensation. The application was opposed by the appellant. Through its order, dated 03.11.2008, the Tribunal awarded a sum of Rs.4,00,000/- as compensation and apportioned the same to the respondent and his daughter. The same is challenged in this appeal. Heard Sri T.S.Venkata Ramana, learned counsel for the appellant and Sri K.Bathi Reddy, learned counsel for the respondent. There is no denial of the fact that the deceased was a bona fide passenger and that she held a ticket. It is also a matter of record that she fell down between the platform and the train in the process of getting down from the train. To this effect, there is evidence of A.Ws. 1 and 2 and documentary evidence, Exs.A1 to A5, in the form of F.I.R., inquest report, P.M. certificate, death certificate and family member certificate. The appellant did not dispute the relationship between the deceased and the respondent. It is urged that the death of the deceased occurred on account of her own negligence. However, from the evidence on record, it is clear that she fell down in the process of getting down from the train. The Railways have made elaborate arrangements for operation of trains. Not only the staff at the station, but also the Guard of each train are under obligation to ensure that the passengers board and get down from the train without any hassle. The very fact that the deceased fell down between the train and the platform and was run over by the train discloses that it was purely on account of the jerk or the lack of proper care on the part of the Guard and the Driver of the Train. Under these circumstances, the Tribunal has appreciated the evidence on record and arrived at correct conclusions. This Court is not inclined to interfere with the same. Hence, the appeal is dismissed. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:02.07.2010 kdl