KAMUKAYI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgement dtd. 26/3/2021 passed by the High Court of judicature of Madras in Civil Miscellaneous Appeal No. 2442/2019 filed by appellants.

(3.) Succinctly stated, facts of this case are that on 27/9/2014 the deceased- Muchamy @ Muthusamy (husband of appellant 1 and father of appellants 2 and 3) was required to go for medical treatment to Government Hospital, Karur. He reached Lalapettai Railway Station along with his son (appellant 3), who purchased the railway ticket of Karur and handed over to deceased who boarded Train No. 56841- Trichy Erode Passenger to reach Karur. When the train reached Mahadanapuram Railway Station, due to heavy crowd in the compartment and jolting of the train, the deceased unexpectedly fell down from the running train between the platform and track at KM 90/200-300 and sustained grave injuries including decapitation and amputation of right hand. The deceased died on the spot. FIR was lodged in Railway Police Station, Karur, the inquest report was prepared and the final report had also been submitted which clearly reveals that death of the deceased was an outcome of untoward railway incident. The postmortem conducted in the Government Hospital, Karur indicates that the cause of death was due to shock and haemorrhage because of injuries on vital organs and decapitation of head. The claim petition was filed on 25/7/2016 before the Railway claims Tribunal, Chennai Bench seeking compensation to the tune of Rs.4.00 Lakhs with 12% interest per annum from the date of filing of application till its realisation.