H.BADARUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) RAMZI Ahmad, aged 19 years old, was a student of Engineering. His parents and siblings (appellants 1 to 4) filed an application claiming compensation from the respondent before the Railway Tribunal ('the Tribunal', for short), inter alia, contending that he died, as a result of an accidental fall from the train and being run over by the train, while boarding the train. The incident happened while he attempted to board Trivandrum Central - Nagercoil Passenger Train No.371, at Parasala Railway Station. The claim is for an amount of Rs. 4,00,000/-.

(2.) A statement was filed by the respondent to the claim petition. The fact that deceased died due to accidental fall from the train on 15.10.2001 is denied. As per the statement, deceased had got down from the train at Parasala Station to join his friends and he tried to board the compartment in which his friend was travelling. The train started moving and the deceased fell down from the running train and succumbed to injuries. He was a student of Engineering and as a responsible matured adult, he ought to have been aware of the danger involved in getting into a running train.

(3.) IN the decision reported in Joji C.John v. Union of INdia [2002(1)KLT 678] a Division Bench of this Court held that, when there is an "untoward incident", even if no negligence is proved on the part of Railway Officers, the Railway is liable to pay the compensation. Even if there is no negligence on the part of the Railway employees, it cannot be presumed that the injuries caused to the victim of the accident are self inflicted injuries so as to deny compensation as provided under Railway Accidents and Untoward INcidents (Compensation) Rules, 1990."