SUMY E. K. Vs. UNION OF INDIA

JUDGEMENT

(1.) The claim petition filed by the widow and children of deceased Sri.Anil K.K. for compensation before the Railway Claims Tribunal, Ernakulam Bench, was dismissed by order dated 30.5.2018. The impugned order of dismissal is challenged in this appeal.

(2.) The allegation against the respondent/ Southern Railway is that on 7.10.2016, the deceased was travelling in Hima Sagar Express Train No.16317 from Thiruvananthapuram to Ernakulam and while the train reached at Kochuveli Railway Station, due to a sudden jerk, the deceased accidentally fell down from the running train and sustained injuries. He succumbed to the injuries then and there itself. His dead body was recovered from the railway track and on the basis of information, the local Petta Police Station registered crime No.1318/2016.

(3.) The appellants claimed the deceased to be a bona fide passenger of the train which did not find favour with the Claims Tribunal. It, on the other hand, accepted the contention of the respondent that the accident happened when a light engine hit the deceased while he was crossing the track on the day. It was contended that he was a trespasser upon the railway property. He was neither a traveller nor did the death arise out of the untoward incident as defined by the Railways Act, 1989 (for short, 'the Act').