SRUTHI.S Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned Standing Counsel for the Railway.

(2.) Aggrieved by the order passed in O.A.No. (llu)/ERS/0008/2018 by the Railway Claims Tribunal, Ernakulam Bench, declining the appellant's claim for compensation on account of her mother's death in an untoward incident, the claimant/appellant has preferred this appeal.

(3.) Appellant is the daughter of deceased Parvathi Devi, who was killed in a railway accident on 5.1.2015 at 5.57 am at Mankara Railway Station in Palakkad District. The appellant contended that her deceased mother was a Government employee working in Community Health Centre. She was transferred to Melattur from Palakkad and the former place is about 75 kms away from her residence. She was finding it difficult to travel on a daily basis to Melattur. On the fateful day, she was about to proceed to Metattur from Mankara in order to find out a suitable accommodation. In Mankara Railway Station, there is no foot-over-bridge. The passengers are made to cross the track to reach the platforms situated on either side of the railway track. While deceased Parvathi Devi and her husband Sivaprakash were crossing the track to reach the other side of the railway station in order to catch a train, another express train without any indication or signal, came and knocked them down, killing both of them instantaneously. It is also submitted that the appellant's claim for compensation on account of her father's death was allowed by the Tribunal. Appellant's case is that her mother was having a valid season ticket to commute and her father had purchased a regular ticket on the fateful day to accompany her mother.