A. SUMATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 19.12.2014 passed in OA(II-U) 85/2014 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the Claim Petition is filed under Section 16 of the Railways Act on the ground that on 26.01.2014 prior to 16.55 hrs when the deceased was returning from Avadi, while he was travelling in EMU train, which was proceeding towards Chennai, had accidentally fallen down from the running train near Ambattur Railway Station, at KM 16/15-16A nearby up slow line thereby sustained grievous injury on the back of head, both legs were broken and died at the place of accident.

(3.) The learned counsel appearing on behalf of the appellants mainly contended that the Divisional Railway Managers' [DRM] Report as well as the documents relied on by the Railway authorities and the Tribunal are presumptive and the Railways could not able to establish that it is a case of trespass, in view of the fact that it was not established by the Railways regarding trespass, the claimants are entitled for compensation.