THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.NO.532 of 2006 JUDGMENT:- 1. This Civil Miscellaneous Appeal is filed under Section 23 of Railways Act against the order dated 16.02.2006 made in O.A.A.No.88 of 1999 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad. 2. The learned Standing counsel appearing for the appellant-Union of India, represented by the General Manager, South Central Railway, Secunderabad, had taken this Court through ground Nos. 2 to 10 of the grounds of Civil Miscellaneous Appeal and would maintain that in the light of the specific grounds raised, the appeal to be allowed. 3. On the contrary, the learned counsel representing the respondents would maintain that in the light of the convincing reasons recorded by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, 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 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 applicants and respondent as shown in O.A.A.No.88 of 1999 on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad, (hereinafter in short referred to as “The Tribunal” for the purpose of convenience). 7. It is needless to say that the respondent-Union of India is the appellant in this Civil Miscellaneous Appeal. 8. The claim application was filed by the applicants claiming compensation for the death of one T. Ravi (hereinafter would be referred to as “the deceased” for the purpose of convenience), who is said to have died of the injuries sustained in an untoward incident while traveling by train. It is stated that the deceased had left Bellampally on 14.04.1998 in the morning hours and after purchasing ticket, he had boarded Train No.335 Nagpur-Kazipet passenger, but on the way, he fell down and died due to the injuries and hence, the applicants are entitled to compensation. 9. The respondent filed written statement denying the averments. 10. On the strength of the pleadings of the parties, the following issues were settled:- (1) Whether the deceased was a bonafide passenger of train No.335 Nagpur-Kazipet passenger on 14-4-98 from Bellampally to Jammikunta as alleged? (2) Whether the deceased died as a result of an untoward incident of accidental fall from the train as alleged? (3) Whether the applicants are dependents of the deceased? (4) To what relief? 11. The learned Member Judicial, on appreciation of the evidence available on record, came to the conclusion that the applicants are entitled to compensation. The Member Technical expressed different opinion. However, the Tribunal, after recording reasons agreed with the view expressed by the Judicial Member and ultimately, came to the conclusion that the applicants are entitled to compensation. 12. This Court had thoroughly gone through the order passed by the Member Judicial, Member Technical and also the Tribunal as well. The learned Member Judicial recorded reasons in detail on appreciation of the evidence available on record i.e., A.W.1 and Exs.A.1 to A.5, recorded convincing reasons. 13. In the light of the reasons recorded in detail by the Member Judicial at paragraph Nos.5 to 11 and also in the light of the reasons recorded by the Tribunal while agreeing with the said view, this Court is of the considered opinion that the findings recorded by the Tribunal do not suffer from any illegality whatsoever and the said findings 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 THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.NO.532 OF 2006 DATED: 08.07.2010