P. VALLIAMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 14.07.2017 passed in O.A.(II-U).No.101 of 2016 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants. The claim petition is filed under Section 16 of the Railways Act with reference to the facts narrated in the claim petition which reads as under:

(3.) The respondent/railways contested the case and the appellants could able to establish that the deceased was a passenger and while he was traveling in the train fallen down from a running train and sustained grevious injuries and died. The F.I.R as well as the inquest report also enumerates the said accident. The DRM report reveals that Smt.N.Nallatchi, who is none other than the sister of the deceased had made a statement that her brother Pitchaiya was an addict of liquor adding that even before boarding the train he consumed liquor of Rs.100/-. Despite her advice Pitchaiya did not refrain from consuming liquor. The sister of the deceased Smt. N.Nallatchi, was also traveling along with the deceased. Thus, her statement cannot be disbelieved. The Tribunal further considered the statement of the said Smt.N.Nallatchi and in clear terms she expressed that she was traveling along with her deceased brother and the brother consumed alcohol and was sitting nearby the door of a running train. When the fact regarding consumption of liquor was established, the Tribunal by invoking the Exclusion Clause under Section 124-A under the Railways Act dismissed the application. Section 124-A (d) contemplates "any act committed by him in a state of intoxication or insanity;