THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.NO.828 of 2006 JUDGMENT:- 1. This Civil Miscellaneous Appeal is filed under Section 23 of the Railways Act against the order dated 28.04.2006 made in O.A.A.No.184 OF 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad. 2. The learned counsel representing the appellant had taken this Court through the grounds of Civil Miscellaneous Appeal and would maintain that in the facts and circumstances of the case, the appeal to be allowed. 3. On the contrary, the learned counsel representing the respondent would maintain that in the light of the convincing reasons, recorded by the learned Railway Claims Tribunal, this is not a fit matter to be interfered with. 4. Heard the learned counsel on record. 5. In the light of the submissions made by the learned counsel on record, the following points arise for consideration in this Civil Miscellaneous Appeal_:- (1) Whether the findings recorded by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad is to be confirmed or to be disturbed in the facts and circumstances of the case? (2) If so, to what relief, the parties would be entitled to? 6. POINT NO:1- The parties hereinafter would be referred to as the applicant and respondent as shown in O.A.A.No.184 of 2000 on the file of the Railway Claims Tribunal, (hereinafter in short referred to as “The Tribunal” for the purpose of convenience), Secunderabad Bench, Secunderabad. 7. This is an application filed by one Amrutha Venu under Section 16 of Railway Claims Tribunal Act read with Section 124-A and 125 of Railways Act, claiming compensation of Rs.2 lakhs for the injuries sustained by him in an untoward incident of accidental fall. 8. The case of the applicant reads as follows:- “ It is stated that the injured/applicant while traveling by 2759 Chennai-Hyderabad Charminar Express in II Class general Compartment from Nellore to Vijayawada on 11/12-8-1999 accidentally slipped and fell down at Vijayawada Railway Station and sustained multiple injuries. It is also stated that he was treated in University General Hospital, Vijayawada, where his right leg was amputated below keen to the said untoward incident.” 9. The respondent-railways denied the liability to pay compensation. 10. On the strength of the pleadings of the parties, the following issues were settled:- (1) Whether the applicant was a bonafide passenger of train No.2759 Chennai-Hyderabad Charminar Express travelling from Nellore to Vijaywada on 11.08.1999 as alleged? (2) Whether the applicant has sustained injuries as a result of an untoward incident of accidental fall from the train at Vijayawada Railway Station? (3) Whether the applicant is entitled to claim compensation of Rs.2 lakhs as prayed? (4) To what relief? 11. The injured/applicant was examined himself as A.W.1 and Exs.A.1 to A.3 were marked. The Guard of the train was examined as R.W.1 and Ex.R.1 was marked. 12. The learned Tribunal on appreciation of the evidence on record, recorded reasons in detail at paragraphs 6 to 8 and ultimately, came to the conclusion that the applicant is entitled to compensation. 13. This Court had carefully gone through at paras 6 and 7 and is thoroughly satisfied that on appreciation of the evidence available on record, the learned Tribunal arrived at the correct conclusion. Therefore, the findings recorded by the learned Tribunal are hereby confirmed. 14. POINT NO.2:- In the result, the Civil Miscellaneous Appeal shall stand dismissed. No order as to costs. _______________ P.S.NARAYANA, J Dated: 08.07.2010 bud