UNION OF INDIA Vs. A. GEETHA

JUDGEMENT

(1.) The respondent, the Union of India represented by the General Manager, Southern Railways, Chennai in O. A. No. 30/2003 on the files of Railway Claims Tribunal, Ernakulam Bench (for short 'the Tribunal') is before this Court in this appeal seeking to set aside the judgment dated 06/08/2008. The respondents are the applicants in the O. A., who are none other than the mother and the siblings of Sandhya, the deceased. The parties are referred to hereinafter as 'the applicants' and 'the respondent' in accordance with their status in the original side.

(2.) O. A. No. 30/2003 was filed under S.16 of the Railway Claims Tribunal Act, 1987 (for short 'the Act') seeking for a compensation of Rs.4,00,000.00 for the death of Sandhya, aged 18 years, the daughter of the first respondent in an untoward incident that took place on 08/04/2002 at Manjadimoodu near Chirayinkeezhu.

(3.) The facts are summarised hereinbelow: On 08/04/2002, the fateful day, Sandhya was travelling in Thiruvananthapuram - Kurla Nethravathi Express from Thiruvananthapuram Central towards Ernakulam. When the train reached at Manjadimoodu near Chirayinkeezhu, she was thrown out of the train due to the impact of a hookless door that swung and hit her. She was rushed to the Taluk Hospital, Chirayinkeezhu and from there, to the Medical College Hospital, Thiruvananthapuram. She succumbed to the fatal injuries sustained by her at 4.30 p.m. on the same day.