1 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. APHC010555292017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 832/2017 CIVIL MISCELLANEOUS APPEAL NO: 779/2017 CIVIL MISCELLANEOUS APPEAL NO: 815/2017 CIVIL MISCELLANEOUS APPEAL NO: 825/2017 CIVIL MISCELLANEOUS APPEAL NO: 833/2017 1. CIVIL MISCELLANEOUS APPEAL NO: 832/2017 Between: 1. BABY SURE GEETHA VENKATA SAI ANUSHA, D/O. SURE ANJANEYULU BEING MINOR REP. BY HER FATHER SURE ANJANEYULU R/O. 2-4-80/B, MEDICAL COMPLEX, NARSARAOPET GUBNTUR DISTRICT SOLE PETITIONER DECLARED AS MAJOR VIDE COURT ORDER DATED 10.12.2025 IN I.A.NO.1/2025 ...APPELLANT AND 1. THE UNION OF INDIA, Rep. by the General Manager, South Central Railways Secunderabad ...RESPONDENT 2. CIVIL MISCELLANEOUS APPEAL NO: 779/2017 Between: 1. S ANJANEYULU, GUNTUR DIST (DIED), DIED AS PER LR NO.2, S/O LATE SURE RADHA KRISHNA MURTHY AGED ABOUT 42 YEARS, OCC PVT EMPLOYEE, R/O 2-4-80/B, MEDICAL COMPLEX, NARSARAOPET, GUNTUR DISTRICT ANDHRA PRADESH 2 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. 2. BABY SURE GEETHA VENKATA SAI ANUSHA, @ SURE ANUSHA, D/O. LATE SURE ANJANEYULU, AGED ABOUT 25 YEARS, OCC HOME MAKER, FLAT NO.302. HARIKA HOMES, NALANDA NAGAR, 2ND LANE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. PETITIONER NO.2 WAS BROUGHT ON RECORD AS LR OF THE DECEASED PETITIONER NO.1 VIDE COURT ORDER DATED 10.12.2025 IN I.A.NO.3/2025 ...APPELLANT(S) AND 1. THE UNION OF INDIA SECUNDERABAD, Rep by the General Manager, South Central Railways, Secunderabad ...RESPONDENT 3. CIVIL MISCELLANEOUS APPEAL NO: 815/2017 Between: 1. S ANJANEYULU, GUNTUR DIST (DIED), DIED AS PER LR NO.2, S/O LATE SURE RADHA KRISHNA MURTHY AGED ABOUT 42 YEARS, OCC PVT EMPLOYEE, R/O 2-4-80/B, MEDICAL COMPLEX, NARSARAOPET, GUNTUR DISTRICT ANDHRA PRADESH 2. BABY SURE GEETHA VENKATA SAI ANUSHA, @ SURE ANUSHA, D/O. LATE SURE ANJANEYULU, AGED ABOUT 25 YEARS, OCC HOME MAKER, FLAT NO.302. HARIKA HOMES, NALANDA NAGAR, 2ND LANE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. PETITIONER NO.2 WAS BROUGHT ON RECORD AS LR OF THE DECEASED PETITIONER NO.1 VIDE COURT ORDER DATED 10.12.2025 IN I.A.NO.3/2025 ...APPELLANT(S) AND 1. THE UNION OF INDIA SECUNDERABAD, Rep by the General Manager, South Central Railways, Secunderabad ...RESPONDENT 3 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. 4. CIVIL MISCELLANEOUS APPEAL NO: 825/2017 Between: 1. S ANJANEYULU (DIED), DIED AS PER LR NO.2, S/O. LATE SURE RADHA KRISHNA MURTHY PVT. EMPLOYEE R/O. 2-4-80/B, MEDICAL COMPLEX, NARSARAOPET GUNTUR DISTRICT 2. BABY SURE GEETHA VENKATA SAI ANUSHA, @ SURE ANUSHA, D/O. LATE SURE ANJANEYULU, AGED ABOUT 25 YEARS, OCC HOME MAKER, FLAT NO.302. HARIKA HOMES, NALANDA NAGAR, 2ND LANE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. PETITIONER NO.2 WAS BROUGHT ON RECORD AS LR OF THE DECEASED PETITIONER NO.1 VIDE COURT ORDER DATED 10.12.2025 IN I.A.NO.3/2025 ...APPELLANT(S) AND 1. THE UNION OF INDIA, Rep. by the General Manager South Central Railways, Secunderabad ...RESPONDENT 5. CIVIL MISCELLANEOUS APPEAL NO: 833/2017 Between: 1. S ANJANEYULU, S/O. LATE SURE RADHA KRISHNA MURTHY R/O. 2- 4-80/B, MEDICAL COMPLEX NARSARAOPET GUNTUR DISTRICT 2. BABY SURE GEETHA VENKATA SAI ANUSHA, @ SURE ANUSHA, D/O. LATE SURE ANJANEYULU, AGED ABOUT 25 YEARS, OCC HOME MAKER, FLAT NO.302. HARIKA HOMES, NALANDA NAGAR, 2ND LANE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. PETITIONER NO.2 WAS BROUGHT ON RECORD AS LR OF THE DECEASED PETITIONER NO.1 VIDE COURT ORDER DATED 10.12.2025 IN I.A.NO.3/2025 ...APPELLANT(S) AND 1. THE UNION OF INDIA, Rep. by the General Manager, South Central Railways Secunderabad ...RESPONDENT 4 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. Counsel for the Appellant: 1. DASARI S V V S V PRASAD Counsel for the Respondent: 1. T S VENKATARAMANA The Court made the following: 5 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO: 832/2017 CIVIL MISCELLANEOUS APPEAL NO: 779/2017 CIVIL MISCELLANEOUS APPEAL NO: 815/2017 CIVIL MISCELLANEOUS APPEAL NO: 825/2017 CIVIL MISCELLANEOUS APPEAL NO: 833/2017 COMMON JUDGMENT: 1. These Civil Miscellaneous Appeals (for short C.M.As) No.832, 779, 815, 825, 833 of 2017 were preferred by the claimants/applicants being aggrieved by the Orders passed by the Railway Claims Tribunal, Secunderabad bench, dated 03.01.2017 vide DDR.No’s.404, 408, 405, 406 and 407 of 2014. 2. For the sake of convenience and to avoid confusion, the parties hereinafter are referred to as they were arrayed before the Tribunal i.e., the appellants as Applicants and Respondent as Respondent. 3. DRR No.404 of 2014 (CMA No.832 of 2017) was filed by the applicant – Baby Sure Geetha Venkata sai Anusha for the injuries sustained by her, DRR No.408 of 2014 (CMA No.779 of 2017) was filed by the son of deceased Sure Ranganayakamma for the death of his mother, DRR No.405 of 2014 (CMA No.815 of 2017) was filed by the husband of deceased Sure Sai Bala Tripura Sundari for the death of his wife, DRR No.406 of 2014 (CMA No.825 of 2017) was filed by the son of deceased Sure Radha Krishna Murthy for the death of his father; and DDR No.407 of 2014 (CMA No.833 of 2017) was filed by the 6 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. mother of deceased Sure Hima Bindu Venkata Sai Asha for the death of her daughter; claiming compensation. 4. The brief facts of the Applications of the applicants before the Railway Tribunal are that – on 17.07.2013 the family of the applicants started from Secunderabad Railway Station to go to Shirdi via Nagarsol, holding reserved tickets by train No.17064. On 18.07.2013 they reached Nagarsol railway station at 6.30 hours and got down from the train and were in the railway premises and were boarding a motor car to go to Shirdi, at that time one big tree fell on the car, resulting in injuries and death of family members of the applicants. 5. The Registry of Railway Tribunal had raised an objection that the incident does not fall under Section 123(c) and Section 124-A of the Railways act. Hence, the applications were placed before the bench to decide the preliminarily objection as to whether the Railway Tribunal has jurisdiction to entertain the application or not. 6. After going through the provisions of Section 13(1A) of the Railway Claims Tribunal Act, 1987, Sections 124A and 123(c) of the Railways Act and also Crime Detail Form copy submitted by the Applicants, the Tribunal have held that the F.I.R.No.38 of 2013 was lodged at Yevla police Station on 18.07.2013, upon which the family members of the complainant were found dead due to crush and dashing of falling tree on the car when the persons were entering the 7 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. car in the premises of Rest House near Nagarsol Station and that the nature of accident is shown to be crush of motor car by falling tree, rejected to entertain the application filed by the claimants on the point of jurisdiction and returned the applications with a direction to the applicants to approach the appropriate forum. As all the five claim petitions were filed by the family members who were involved in the accident on 18.07.2013, this Court feels it appropriate to dispose of all these appeals by way of common judgment. 7. Being aggrieved by the said orders the claimants preferred these C.M.As on the following grounds that the Tribunal ought to have seen that Chapter XII, section123 of the Railways Act categorically covers the claim of the petitioners, that the Tribunal ought to have considered the memo filed by the Petitioners dated 08.01.2016 along with relevant documents issued by the office of the DRM(W) NED No.NW/452/WIV/RTIA/MLR/15, dated 16.06.2015 wherein the location of the accident i.e., falling a tree on a motor car took place on 18.07.2013 at Nagarsol station, which falls in railway premises, that the Tribunal ought to have considered the proceedings dated 12.06.2015 issued by the Senior Section Engineer (works) SC Railway Aurangabad, Assistant Divisional Officer, South Central Railway, Aurangabad, wherein it is mentioned an accident i.e., falling a tree on a motor car at NSL on 18.07.2013 occurred in Railway premises, that the Tribunal ought to have considered the memo filed by the petitioners dated 17.04.2015 along with relevant documents, the Tribunal ought to have seen that the Railway Claims Tribunal is established as a welfare 8 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. legislation for providing compensation who received injuries and death in an untoward incident within the railway premises, i.e., passenger train, railway station, vehicle hall, cloth room, reservation booking, ticket booking office or on any platform or in any other place within the precincts of railway station. 8. Heard the learned Counsel for Appellants and Respondent in all the appeals. 9. Pending the application before the Tribunal, in pursuance of the Directions given by the Tribunal, the Claimants have filed application under Right to Information Act, 2005 before the Railway Authorities, requesting for information as to whether the untoward incident that occurred on 18.07.2013 at Nagarsol Railway Station will fall within the limits of Railway Station premises, when the deceased were seated in a Car, after completing their Railway Journey from Secunderabad to Nagarsol Railway Station as bona-fide passenger, in pursuance of which, the office of the D.R.M, West Nagarsol, Nandedu, who is the concerned authority, has replied vide his letter No.NW/452/WIV/RTIA/MLR/2015 dated 16.06.2025 stating that the location of the accident i.e., falling a tree on a motor car that took place on 18.07.2013 at Nagarsol Railway Station falls within the Railway Premises and the said report was filed by the Claimants into the Tribunal by duly enclosing a memo, but, in spite of the same, the Tribunal without looking into the memo filed by the applicants on 08.01.2016, which in fact is 9 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. enclosed with the application submitted by the claimant sunder Right to Information Act, passed the impugned order 10. . In view of the information furnished by the DRM (W), Nanded vide his letter No.NW/452/WIV/RTIA/MLR/2015 dated 16.06.2015 in pursuance of the RTI application filed by the applicants, stating that the location of the accident i.e. falling a tree on a motor car took place on 18.07.2013 at Nagarsol Station falls in Railway premises, this Court is of the opinion that the incident falls within the ambit of Section 123 (c) (2) of the Railways Act, and in such case, the Tribunal has jurisdiction to entertain the application, as such the impugned order dated 03.01.2017 is liable to be set aside. 11. Accordingly, these appeals are allowed setting aside the impugned order dated 03.01.2017 passed by the Railway Claims Tribunal, Secunderabad Bench and the matters are remitted back to the Tribunal for fresh consideration by duly considering the information furnished by the Railway Authorities on 16.06.2015. As the incident took place in the year 2013, the Tribunal is directed to dispose of these applications in accordance with law, as expeditiously as possible preferably within a period of six (6) months from the date of receipt of a copy of this Order. No costs. _______________________ SMT JUSTICE V.SUJATHA KS Dated 11.02.2026. 10 CMA NO’S.832, 779, 815, 825 & 833/2017 VS,J. 30 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL MISCELLANEOUS APPEAL NO’S: 832, 779, 815, 825, 833 OF 2017 DATED 11.02.2026 KS