- (1.) The present appeal is preferred by the appellant -respondent being aggrieved by the orders passed by the Railway Claims Tribunal, Secunderabad Bench at Secunderabad (for short 'the Tribunal') in O.A. No 107 of 1997, dated 16-4-1998.
(2.) The first respondent, who is the wife of the deceased and his dependents filed the above O.A. before the Tribunal, seeking compensation for the death of the deceased. Second respondent-applicant is the married daughter, third respondent is the unmarried daughter and fourth respondent is the son of the deceased. It is the case of the claimants that while the deceased was travelling by Train No.7047 Gautami Express running from Kakinada Town to Secunderabad on 27-7-1997, fell down accidentally from the train at Kakinada Town Railway Station and suffered multiple injuries, as a result of which, he died on the spot.
(3.) On behalf of the Railways, a written statement was filed contending that the deceased was trying to enter into a coach of Gautami Express while the train was rolling on to the platform at Kakinada Town Railway Station and had not come to a stop, and, therefore, the incident cannot be treated as a fall from a running train and hence the claimants are not entitled for any compensation.;