TESSY SENO Vs. GENERAL MANAGER, SOUTHERN RAILWAY CHENNAI

JUDGEMENT

(1.) This appeal is filed challenging the judgment dtd. 24/7/2014 in O.A.(IIu)/ERS/2013/0047 of the Railway Claims Tribunal (RCT), Ernakulam Bench. Appellants were the applicants before the RCT. Respondent was the respondent therein. Parties are referred to according to their status before the RCT.

(2.) Applicant's case in brief is as follows: They are the wife and children of late Seno V.J., who died in an untoward incident that occurred on 29/7/2012 at 7.40 P.M. While travelling in Thiruvananthapuram - Chennai Mail bearing train number 12624 from Ernakulam Town Station to Aluva, he somehow fell from the train at the north end of the platform. His body was found nearly 25 meters north of the north end of Ernakulam Town Railway Station. The deceased was a military man. After retirement, he was serving as an accountant in the Accountant General's office at Thiruvananthapuram. He was a bona fide passenger with a 2 nd class ordinary ticket, which could not be recovered since the body was mutilated and the dresses were torn. The applicants claimed Rs.4,00,000.00 as compensation for the untoward incident.

(3.) The RCT framed four issues and the parties proceeded to tender evidence. The applicants examined PW1 and marked Exts.A1 to A11. Respondents examined RW1 and marked Exts.R1 to R3. After hearing both sides, the RCT concluded that the applicants had failed to produce any material to arrive at the conclusion that the victim was a bona fide passenger in the train in question and that the incident was an untoward incident as defined under Sec. 123 (c) of the Railways Act, 1989. The applicants had not been able to prove that the victim died on account of a fall from the train. The application was thus dismissed. Aggrieved by the said judgment of the RCT, this appeal has been preferred by the applicants.