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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7716    OF 2013 (@ SPECIAL LEAVE PETITION(C)NO.27603 OF 2012)

MENTE MURALI KRISHNARJUNA  RAO (D) THROUGH LR. WIFE ... APPELLANT(S)

VERSUS

UNION OF INDIA THROUGH GENERAL MANAGER CENTRAL RAILWAY, A.P. ... RESPONDENT(S)

O R D E R

1. Leave granted.

2. This  appeal  is  directed  against  the  judgment  and  order  

passed  by  the  High  Court  of  Judicature  of  Andhra  Pradesh  at  

Hyderabad in Civil Misc. Appeal No.303 of 2006, dated 15.09.2011. By  

the impugned judgment and order, the High Court has set aside the  

compensation awarded by the Railway Claims Tribunal ('the Tribunal'  

for short).

3. The appellant before us is the mother of the deceased. In  

the claim petition filed, it was stated by her that the death of her  

son was occurred due to the negligence of the Railway Authorities  

and in support of her claim she had also lead evidence before the  

Tribunal.

4. The Tribunal, taking into consideration the claim made as  

well as the evidence on record, had come to the conclusion that the  

claimant-Petitioner is entitled to a compensation of Rs.4 lacs and  

accordingly, had passed an appropriate order.

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5. Aggrieved  by  the  order  so  passed  by  the  Tribunal  the  

respondent(s)  were  before  the  High  Court  in  Civil  Miscellaneous  

Appeal No.303 of 2006. The High Court, for strange reasons, has set  

aside the award passed by the Tribunal.  Aggrieved by the said order  

of the High Court, the appellant is before us in this appeal.  

6. We have heard Shri V.Sridhar Reddy, learned counsel for  

the appellant and Shri K.V.Viswanathan, learned Additional Solicitor  

General, appearing for the respondent(s).

7. We have also perused the judgments and orders passed by  

the Tribunal as well as by the High Court.

8. Suffice it to say, we are of the considered opinion that  

the High Court was not justified in setting aside the order passed  

by the Tribunal.  In that view of the matter, we allow this appeal,  

set  aside  the  judgment  and  order  passed  by  the  High  Court  and  

restore the order passed by the Tribunal. No costs.

9. This  order  shall  not  be  treated  as  a  precedent  in  any  

other case.

Ordered accordingly.

...................J. (H. L. DATTU)

...................J. (M. Y. EQBAL)

NEW DELHI; SEPTEMBER 02, 2013