IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.835 OF 2006 Between: Smt. Reddy Savithri and others .....APPELLANTS AND The Union of India ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.835 OF 2006 JUDGMENT: This Civil Miscellaneous Appeal, under Section 23 of the Railways Claims Tribunal Act, 1987, is directed against the order, dated 21.06.2006, in O.A.A.No.88 of 2001, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, whereunder and whereby, the application filed claiming compensation of Rs.4,00,000/-, consequent on the death of Reddy Gouru Naidu (hereinafter referred to as, ‘ the deceased’) in an untoward incident of accidental fall from the train, was dismissed. 2. The brief facts that are necessary for disposal of the present appeal may be stated as follows: Applicant No.1 is the wife and applicant Nos.2 and 3 are the children, and applicant Nos.4 and 5 are the parents, of the deceased. The deceased used to carry on firewood business and in connection with his business, he used to go to Rayagada from his village Narsipuram. On 18.02.2001, the deceased accompanied by Smt. Reddivenkatamma and Badi Bangaranaidu, proceeded from Narsipuram Railway Station to go to Rayagada and boarded train No.230 passenger. After the train left Narsipuram Railway Station, the deceased accidentally slipped and fell down from the running train, as a result of which he sustained injuries. Though chain was pulled, the train was stopped after 1 KM distance. The co-passengers have travelled up to Belgam, where they got down, engaged an Auto and went to the scene of accident. They picked up the injured and shifted him to private hospital at Parvathipuram. While undergoing treatment, the deceased succumbed to injuries. Hence, the claim petition. 3. The respondent – railways denied the allegations made in the claim petition and stated that the applicants are put to strict proof to show that the deceased was a bona fide passenger travelling in the said train and that the accident was an untoward incident. Hence, the respondent – railways prayed to dismiss the claim petition. 4. Basing on the above pleadings, the following issues are framed for trial: “1. Whether the Applicants are the dependants of the deceased Reddy Gouru Naidu? 2. Whether the deceased was a bonafide passenger of train No. 230 passenger travelling from Narsipuram to Rayagada on 18.02.01? 3. Whether the deceased died as a result of an untoward incident of accidental fall from the train near Narsipuram Railway Station? 4. To what relief?” 5. During enquiry, on behalf of the applicants, AWs.1 and 2 were examined and Exs.A1 to A6 were got marked, and on behalf of the respondent, RW.1 was examined and Ex.R1 was got marked. 6. The Tribunal, after considering the evidence available on record, came to the conclusion that the deceased had not died in an untoward incident and accordingly, dismissed the claim of the applicants. Challenging the same, the present appeal is filed by the applicants. 7. Heard. 8. The case of the appellants is that on 18.02.2001 at about 11:00 PM, while the deceased was travelling in the passenger train he fell down accidentally and as a result, he sustained injuries. On 19.02.2001, the same was informed by the Village Administrative Officer of Narsipuram Village to the Government Railway Police, Parvathipuram. They registered a case and conducted inquest on the dead body of the deceased. During inquest, police recovered a valid ticket from the dead body of the deceased to travel in the passenger train. After completion of investigation, police filed final report - Ex.A5 stating that it is a case of an accidental death while travelling in the passenger train. The doctor, who conducted inquest on the dead body of the deceased, opined that the deceased died as a result of head shock and injuries to the vital organs. But, he has not stated whether those injuries are possible when a person falls from the running train. How the Village Administrative Officer, Narsipuram, came to know about the death of the deceased appears to be suspicious in nature. The railway police, while conducting inquest on the dead body of the deceased, recovered a valid ticket to travel in the passenger train. The cause of death of the deceased has been established from the Post- mortem Examination Report, Ex.A4. Because no evidence was let in to show that the deceased was admitted in private hospital for treatment and succumbed to injuries and that the deceased was shifted to private hospital from the place of accident, it is a fit case where the matter can be remanded to the Tribunal. 9. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 21.06.2006, in O.A.A.No.88 of 2001, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, and remanding the matter to the Tribunal to dispose of the case afresh, after giving opportunity to both the parties to adduce necessary evidence on the aspects stated above. There shall be no order as to costs. _______________ K.C. BHANU, J March 23, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.835 OF 2006 March 23, 2011