P. RAJAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 21.01.2009 passed in O.A.No.44/2005 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimant is the appellant and the application was filed under Section 16 of the Railways Act, seeking compensation on the ground that on 09.04.2005 at about 17.30 P.M., when the deceased was returning back from Ambattur to Thirumullaivayal (from his assigned work spot on 09.04.2005 to his house) after attending his duties by boarding the EMU at Perambur Loco Work with II Class Return Journey Ticket bearing No.30445 from Thirumullaivayal to Perambur Loco Works and back, due to heavy crowd in the said train, when the said train was reaching near Thirumullaivayal, the deceased had accidentally fallen down from the said moving train at about 17.30 Hrs., on 09.04.2005 and sustained grievous injuries on his head, right side eyebrow and lacerated injuries on his hands and legs. While he was struggling for life, his friend Babu who travelled along with the deceased, caused the grievously injured admitted as I.P.No.718683 (vide A.R.Copy No.3892613) to the Government General Hospital, Chennai with the help of the Railway Authorities and immediately informed the mother and brother of the deceased who immediately rushed to the Government General Hospital in the night of 9.4.2005 and looked after him in Casualty Ward No.1 (ICU). Without responding to the medical treatment, the deceased died on 12.4.2005 at about 9.05 P.M. After the conduct of inquest by the concerned Railway Police, Avadi (concerning Cr.No.63 of 2005), the dead body of the deceased was handed over to the elder brother of the deceased by name Srinivasan (the applicants' another son) on 13.04.2005 and cremated the same at the Crematorium at Villivakkam on the same day.

(3.) The Tribunal adjudicated the issues with reference to the documents and evidences.