LAWS(MAD)-2021-2-201

M. NEELAKANDAN Vs. UNION OF INDIA

Decided On February 22, 2021
M. Neelakandan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The order dated 17.08.2017 passed in OA(II-U) 17/2017 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The claimants are the appellants and the application under Section 16 of the Railways Act was filed, seeking compensation based on the untoward incidents as narrated in the application, which reads as under:

(3.) The First Information Report as well as the Inquest Report reveals that it was a case of fallen down from a running train. The Travel ticket was not retrieved. However, the Investigation conducted by the Police reveals that the deceased died on account of fatal injuries and by falling from a running train. The Divisional Railway Manager's [DRM] Report dated 28.05.2017 also concludes that the deceased was not a genuine passenger, who had fallen down from a running train No.12631 Ex.MS-TEN, while detraining from the train when the train was entering on PF.3 @ MLMR Railway Station resulting in sustained injury and died on the spot. The death caused due to his carelessness and self inflicted one.