SOOSAI ANTHONEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment dtd. 7/6/2017 of the Railway Claims Tribunal, Ernakulam Bench in the case with number O.A.IIU/ERS/2015/0088, rejecting the claim for compensation filed by the parents of deceased Sahaya Subin who died on 24/7/2015 in an untoward incident while travelling in Train No.16649 Parasuram Express, is under challenge in this appeal.

(2.) According to the applicants in that claim case, their son, while travelling from Thrissur to Nagercoil Junction on 24/7/2015, happened to fall down from Parasuram Express train at a place near Muringoor railway gate due to heavy sudden jerk of the train resulting in fatal injuries leading to his death. Stating that the aforesaid incident would come under the definition of 'untoward incident' under Sec. 124(c)(2) of the Railways Act, 1989, the applicants approached the Railway Claims Tribunal, Ernakulam Bench claiming compensation Rs.4,00,000.00. The Tribunal rejected the claim with the finding that the deceased had acted callously, unwisely and imprudently since the first information report registered in the case as well as the report of the TTR to the Station Master, Irinjalakkuda Railway Station contained indications that the deceased had jumped from the train in between Puthukkad and Irinjalakkuda. Aggrieved by the aforesaid judgment, the applicants therein had preferred this appeal.

(3.) Heard the learned counsel for the appellants and the learned Standing Counsel representing Southern Railway.