THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.NO.870 of 2006 JUDGMENT:- 1. This Civil Miscellaneous Appeal is filed under Section 23 of the Railways Act against the order dated 02.05.2006 made in O.A.A.No.156 of 2001 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad. 2. Heard the learned counsel appearing for the appellant. 3. Though the respondent had been served none represents her. 4. The learned counsel appearing for the appellant had taken this Court through the ground Nos.2 to 8 of the grounds of Civil Miscellaneous Appeal and would maintain that in the light of the specific grounds, the appeal to be allowed. 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 in O.A.A.No.156 of 2001 is to be confirmed or to be set aside 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.156 of 2001 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 application is filed under Section 16 of Railway Claims Tribunal Act read with Section 124-A and 125 of Railways Act by one B. Lakshmi claiming compensation of Rs.3,60,000/- for the injuries sustained by her in an untoward incident of accidental fall. The case of the applicant reads as follows:- “ It is pleaded that the injured/applicant while traveling from SC to Yeluru in Reserved Coach No.S- 4 of Train No.7048 Secunderabad-Kakinada Gautami Express with 2nd class Journey cum Reservation Ticket bearing No.71377195 on 18.04.2001 and changed over to 2nd class of the same train with a 2nd class Season Ticket bearing No. 822911 with I.D.No.710986 from Eluru to Samalkot and further that when the train halted at Samalkot Railway Station on 19.04.01, when the applicant came near to the door to get down at Samalkot, due to jerks and sudden movement of the train, she accidentally fell down and her left leg was cut and separated just below the knee and all right toes tips were crushed and cut by the wheels of the train as a result she sustained injuries in an untoward incident.” 8. The respondent-railways had denied the claim. 9. 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.7048 Secunderabad-Kakinda Gowtami Express, traveling from secunderabad to Eluru under reserved accommodation and from Eluru to Samalkot under Season Ticket on 18/19-04-01? (2) Whether the applicant sustained injuries on account of an untoward incident of accidental fall from the Train at Samalkot Railway Station in the morning of 19.04.2001? (3) Whether the applicant is entitled to claim Rs.3,60,000/- for sustaining injuries in the alleged untoward incident? (4) To what relief? 10. The applicant was examined herself as A.W.1 and Exs.A.1 to A.6 were marked. The respondent-railways had relied on the evidence of R.W.1 and Ex.R.1 had been marked. 11. The learned Tribunal on appreciation of the evidence available on record at paras 5 to 8 recorded reasons in detail and came to the conclusion that the applicant was entitled to part of the claim and accordingly, awarded only compensation of Rs.1,80,000/-. 12. In the light of the convincing reasons recorded by the learned Tribunal at paragraphs 4 to 7, this Court is of the considered opinion that there is no legal infirmity warranting interference so as to disturb the said findings. Accordingly, the findings recorded by the learned Tribunal are hereby confirmed. 13. 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