JESSY JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) A person by name Joseph T.George died in an accident involving a train. His heirs moved the railway claims tribunal for compensation. The tribunal dismissed the claim. Hence, the appeal.

(2.) The case of the appellants is summarized below: Joseph T.George was the husband of the first appellant, son of the second appellant and father of appellants 3 and 4. He on 22.4.2007 purchased a ticket to travel in train no.7229, Sabari Express. The ticket was purchased from Thiruvalla railway station to board the said train to travel to Palakkad. The train arrived on platform no.1 at about 9.55 a.m. While boarding the train he accidentally fell down and was ran over by the train. He died instantaneously.

(3.) The respondent resisted the claim of the appellants contending as under: Joseph T.George was hit and run over by the train when he trespassed into the railway track. He did not have a valid ticket to travel. He therefore was not a bona fide passenger. The respondent is not liable to pay any compensation in the absence of an untoward incident.