UNION OF INDIA Vs. LEELAMMA

JUDGEMENT

(1.) Union of India represented by the General Manager, Southern Railway, who is the respondent in OA. No. 31/2006 before the Railway Claims Tribunal, Emakulam Bench, is the appellant. The Tribunal allowed compensation of a sum of Rs. 4 lakhs together with Interest at the rate of 9% p.a. to the applicants, who are wife and children of one Sri. K. A. Poulose, who succumbed to the injuries sustained in an "untoward incident" which took place on 24-6-2005 at Trichy Railway Station.

(2.) The applicants before the Tribunal contended that the deceased was a passenger in Train No. 6177-A from Chennai to Trichy and when he tried to alight from the compartment at Trichy Station, the train moved with a jerk, thereby loosing his grip from the handle of the door and falling down between the train and platform. He succumbed to the injuries in the hospital. According to the applicants the deceased had purchased ticket to travel in the train, but the same was lost.

(3.) The appellant/respondent defended the claim disputing the version that the deceased fell down while alighting from the compartment at Trichy Station. The contention of the appellant was that on the particular date, train No. 6177-A left from Trichy to Kumbakonam without any detention or chain pulling and after the departure of the train only the deceased was found lying on the track with injuries. As per enquiry report of the Railway Police, the conclusion was that the deceased attempted to board the moving train No. 6177-A bound for Kumbakonam from Trichy and thereupon he fell down and was run over by train.