PAPPACHAN P D Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants' daughter, Preetha, boarded Malabar Express (Train No. 6330) on 14-10-2007 from Mangalore with a valid unreserved ticket to Chalakkudy station. The train halted at Chalakkudy railway station at 2.45 a.m. on 15-10-2007. The unreserved compartment was crowed with passengers and lot of persons were squatting near the door. While alighting from the train, Preetha tripped and fell down from the compartment to the railway track and the moving train ran over, killing her instantly. Appellants approached the Railway Claims Tribunal, Ernakulam Bench (for short, "the Tribunal") with a petition for compensation under Section 16 of the Railway Claims Tribunal Act, 1987. The respondent in its reply statement contended that the deceased did not get down when the train stopped at Chalakkudy. Later she rashly and negligently attempted to alight from the moving train. So, according to the respondent, the appellants are not entitled to get compensation. The application was dismissed by the Tribunal after trial. Hence this appeal. On the side of the appellants, Exts. A-1 to A-15 were marked and 1st appellant testified as P.W. 1.

(2.) Tribunal raised the following issues for determination:

(3.) Tribunal found that the deceased was not a bona fide passenger. It also found that the deceased did not die due to an untoward incident and therefore, the Railway Administration has no liability to pay compensation. Further the Tribunal decided that the appellants are not entitled to claim compensation on account of the fact that they are not the legal heirs or dependants of the deceased. All these findings are seriously challenged by the appellants.