D.PANDIARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

(2.) This civil miscellaneous appeal has been filed by Mr.D.Pandiaraj and Mrs.P.Sarojini challenging the correctness of the impugned order dated 12.7.2019 passed by the Railway Claims Tribunal, Chennai Bench in O.A.(IIu)/MAS/44/2019 on various grounds.

(3.) Mr.S.Umapathy, learned counsel appearing for the appellants, assailing the impugned order, pleaded that on 21.9.2018 at about 4.00 p.m., the deceased Rajkumar, who was also a resident of Thirumayam village of Pudukkottai District and working in NSK Bearing Company, Oragadam in Chennai, while staying with his brother Madhubalan, who is also working in Nissan Car Company in Chennai, informed his elder brother Madhubalan over phone that he was going to his aunt Venkatammal's house and left for Tiruppur. All of a sudden, the appellants came to know from Salem Railway Police that on 21.9.2018 at about 16.50 hours, while their son was travelling in Train No.12601 from Tambaram to Tiruppur, due to heavy crowd in the train coupled with the jerk and jolt in the compartment, he accidentally fell down from the running train, as a result he rolled down and crushed over by the running train resulting in his head smashed, left leg cut into pieces, left hand and right hand cut into pieces, parts of his body also came out and he died at the place of occurrence. Thereafter, the deceased body was noticed by Track Maintainer by name Vadivel. Mr.S.Umapathy, learned counsel appearing for the appellants submitted that an investigation was conducted in this regard. The enquiry officer conducted investigation under the provisions of the Railway Passenger (Manner of Investigation of Untoward Incidents) Rules, 2003 and submitted a report holding clearly that Mr..P.Vadivel, Track Maintainer/Doddampatti stated that on 22.9.2018, while he was performing his duty from 7.00 hours to 17.30 hours on the upline track from KM No.260/0 to 254/21 between Doddampatti and Dasampatti railway stations, he noticed a male dead body on the centre of upline track and he informed the matter to the on duty Station Master, Doddampatti. Again referring to the inquest report, he has pleaded that when Mr.Manish Kumar Verma, Station Superintendent, Doddampatti was performing his duty on 22.9.2018, at about 9.10 hours, he was informed by Mr.P.Vadivel, Track Maintainer that one male dead body was noticed at KM No.257/7-9 on the upline track between Doddampatti and Dasampatti railway stations. This matter was conveyed to Section Controller, Salem, Deputy Station Superintendent, Salem and the Government Railway Police, Salem. Thereafter, Mr.G.Kumaran, Constable/RPF/Morappur also stated that on 22.9.2018 while he was performing his duty from 8.00 hours to 16.00 hours at Morappur Railway Station, he received a message from the Post Commander, Tirupattur that a male dead body was found at KM No.257/7-9 between Doddampatti and Dasampatti railway stations. On the said instructions, when he visited the spot, he noticed the male dead body aged about 21 years lying at KM No.257/7-9 on the centre of the track with multiple injuries and also the dead body was fragmented. On further investigation, he has noticed a train ticket.