MOHANAN.M.R. Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants in O.A. No.0001/2010 before Railway Claims Tribunal, Ernakulam Bench, are the appellants. Their claim under Section 16 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act') for compensation for death of their son was dismissed on 15.09.2010 by the impugned order. The deceased was a first year Engineering student in P.A. Aziz college of Engineering in Thiruvananthapuram. It is stated that the deceased while travelling in Vanchinad express on 09.12.2008 from Piravam to Thiruvananthapuram had an accidental fall from the train near Kuruppanthara Railway Station and died. Claiming that the deceased was a bona fide passenger, compensation was sought.

(2.) The respondent, railway contended that the death did not arise out of an untoward incident; but it was a case of hit and run by a train, while the deceased was crossing the railway track. The railway, thus, disowned the liability for payment of any compensation.

(3.) There are no eyewitness to the incident.