RAJALAKSHMI Vs. UNION OF INDIA OWNING SOUTHERN RAILWAY

JUDGEMENT

(1.) The order dated 16.08.2019 passed in O.A.No. 33 of 2019 is under challenge in this present civil miscellaneous appeal.

(2.) The claimants are the appellants and the claim petition was filed on the ground that on 27.06.2018 at about 8.15 hrs Thiruvallur Railway Police Inspector received a complaint from Ms.Thilagavathi MW Gr.I 530, who was station in charge of Tiruvallur railway station that the deceased person was aged about 45 years and working as a driver. While travelling from Coimbatore to Avadi with the Train Ticket No. 45144328 from Coimbatore to Avadi II Superfast train, the deceased came near the entrance before station arrives and he fell down accidentally from the running train and sustained injuries in body and died. The case was registered. The investigations were conducted. The FIR itself reveals that the deceased passenger trespassed for crossing the track and run-over and killed at Tiruvallur Station on PF No.2 on down fast line towards MAS. The investigations were conducted further and based on the same, the Railway Claims Tribunal adjudicated the issues. The claim petition was rejected on the ground that the deceased was a trespasser and while trespassing the railway track, run-over by the train and died. Thus, the claimants are not entitled for compensation under the Railways Act.

(3.) Learned counsel appearing on behalf of the appellants mainly contended that the deceased was a bonafide passenger and the ticket was produced which was not in dispute and that he was a bonafide passenger in the train. The Station Master of Tiruvallur gave the statement to the police as follows: