N. DAIVANAYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment dated 03.03.2015 passed in O.A.(II-U) 66/2013 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the application was filed under Section 16 of the Railways Act on the ground that the deceased Mr.Natarajan was a Driver in Private Lorry Agency. He had travelled to Chennai on 19.01.2012 by train name, Tiruchendure Express in General Coach No.92456 SR. During the travel time, he handed over his baggage to co-traveller and he went to bathroom. However, after a long time, he had not returned back. The train was running in between Dindugal and Trichi Stations, the toilet door was closed. Unfortunately, it was informed that no mechanics are available to open the door in a running train. When the train reached Egmore, thereafter they opened the door and found that the said Natarajan, who was a bonafide passenger died.

(3.) Post-Mortem Report reveals that the passenger died and the Divisional Railway Manager [DRM] Report states that it was a natural death. Even the Final Report filed by the Sub Inspector of Police, Railway Police Station, Egmore states that after investigation and inspecting the scene of occurrence, it was found that the death of the passenger was a natural death and he was a bonafide passenger.