UNION OF INDIA Vs. NAFEESA

JUDGEMENT

(1.) A claim petition filed under Section 16 of the Railway Claims Tribunal Act, 1987 (for short, 'the Tribunal Act ') was allowed by the Railway Claims Tribunal, Ernakulam Bench, awarding an amount of Rs.4 lakhs with interest to the legal heirs of the deceased Ibrahim by order dated 22.1.2010. The order is challenged by the Union of India in this appeal.

(2.) According to the respondents, the deceased Sri.Ibrahim who was aged 43 years died while he was boarding a passenger Train No.612 on 3.4.2007 from the platform of Thirunavaya Railway Station at 6.30 a.m. He fell down from the train and was run over and instantaneously died on the spot. The respondents who are the widow and children of the deceased contended before the Tribunal that the death arose out of untoward incident within the meaning of Section 123(c) of the Railway's Act, 1989 and were therefore entitled to compensation of an amount of Rs.5 lakhs.

(3.) The Union Government representing Southern Railway, Chennai, contended that the deceased was not a passenger of the train at all. He had not purchased ticket from the railway. It was contended that when he came to the counter for purchase of ticket, it was not issued since departure of train was already announced. The accident occurred when he attempted to board the moving train from the platform and since it was a self invited accident, the respondents are not entitled to claim compensation.