E. VEERAMUTHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The judgment dated 16.09.2015 passed in O.A.No. 108 of 2014 is under challenge in the present civil miscellaneous appeal.

(2.) The claimants are the appellants and the appeal is filed mainly on the ground, which reads as under:

(3.) The Railway Claims Tribunal adjudicated the issues with reference to the documents and evidence produced by the respective parties. It is pertinent to note that the respondent/Railways denied the fact that the deceased was a passenger at all. No belongings except LG cell phone and ID card were found nearby the body of the deceased at the time of inquest. The investigating officer has not conducted the investigation as per Section 174 Cr.P.C. and on seeing the nature of the injury mentioned in the inquest report, the respondent formed an opinion that it was a case of suicide and the DRM's Report also states that on 25.06.2013 at about 09.20 hours, GRP/PER received a message from Sri.M.G.Sekar, SM/PER as reported by SM/MMC that travelling public informed a male body aged about 25 years was lying on Up slow line between PER-VPY at KM 4/40-38. GPR/PER visited the spot and found that the deceased person had sustained head of skull smashed, brain comes out, the right hand fractured with shoulder, the left hand cut off with shoulder and laceration all over the body. No ticket was retrieved. There is no evidence to establish that the deceased was a passenger and fallen down from a running train. Thus, the Railway Claims Tribunal formed an opinion and made observations, which are extracted hereunder: